E ELUMALAI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court No.I, Chennai, made in S.C.No.22 of 2009 whereby the appellants five in number, stood charged under Sections 147, 341 and 302 read with 149 of IPC, tried, found guilty as per the charges and awarded one year Simple Imprisonment along with a fine of Rs.1000/- and default sentence under Sec.147 IPC, one month Simple Imprisonment under Sec.341 IPC and life imprisonment along with a fine of Rs.5000/- and default sentence under Sec.302 read with 149 IPC.

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

(3.) ADVANCING arguments on behalf of the appellant, the learned Counsel would submit that in the instant case, the prosecution had no direct evidence to offer; that it relied upon the circumstances; but, the prosecution had neither placed the necessary circumstances nor proved the same in order to bring home the guilt of the accused; that in the instant case, according to the prosecution, the occurrence has taken place between 7.30 P.M. on 19.9.2008 and 5.30 A.M. on 20.9.2008; that though P.Ws.1, 2, 3 and 5 were examined by the prosecution, P.Ws.1, 2 and 5 have turned hostile; that the only witness available for the prosecution was P.W.3; that the informant to the police by name Selvi the wife of the deceased, already died; that under the circumstances, the only evidence available for the prosecution before the trial Court was that of P.W.3; that according to P.W.3, on the day prior to the occurrence at about 7.30 P.M., he found his brother-in-law Elumalai proceeding towards the arrack shop while all the accused persons ferociously followed him; that this was actually focused as a strong piece of evidence by the prosecution before the trial Court, and it was also accepted by the trial Court but erroneously.