P KATHIRVEL Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Sessions Division, Villupuram made in S.C.No.242 of 2009 whereby the appellants/A1 and A2 stood charged, tried and A1 and A2 were found guilty under section . I.P.C. and awarded life imprisonment each and A3 was found guilty under section 203 I.P.C and awarded one year rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo three months rigorous imprisonment.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) THE learned counsel for the appellants would further submit that the prosecution wanted to project its case through P.Ws 7 to 9. According to the prosecution, P.Ws 7 to 9 actually witnessed the quarrel between A1 to A3 on the one side and the deceased on the other side. If the evidence of P.Ws. 7 to 9 were scrutinized, it would show that all the witnesses have given a different version. According to P.W.7, in the evening hours, there was quarrel between A1 and the deceased. According to P.W.8, in the evening hours, there was quarrel between all the accused and the deceased. According to P.W.9, a quarrel had taken place in the noon hours. All put together would go to show that all are planted witnesses. Added circumstances is the 161 statement of these witnesses, but the 161 statement which was recorded from the witnesses has reached the Court only in the month of March 2009 which would clearly indicate the fact that they all are planted witnesses to strengthen the prosecution case. THE prosecution has miserably failed to prove the circumstances indicating the involvement of the accused in the crime. Hence, the accused/appellants are entitled for acquittal but the trial Court has taken an erroneous view and convicted the accused.