BOOPATHI Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to the judgment of the Principal Sessions Division, Virudhunagar District dated 13.2.2008 made in S.C. No. 19 of 2007 wherein the sole accused/appellant stood charged for the offences under Sections 302 and 506 (2) IPC and on trial, he was found guilty of charge of murder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo one year simple imprisonment, and the appellant was acquitted of the charge under Section 506(2) IPC.,.

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

(3.) In order to substantiate the charges levelled against the accused, the prosecution examined 20 witnesses and relied on 21 Exhibits and 12 MOs. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. on the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied on the part of the accused. No defence witness was examined. The trial Court after hearing the arguments advanced by either side and on considering the materials available on record, took the view that the prosecution has proved its case beyond reasonable doubts in respect of the charge of murder and found the accused guilty of the charge of murder. However, the trial Judge acquitted the accused under Section 506 (2)IPC.