GOPALASAMY Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 20/11/2009 passed by the Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore, Coimbafore District in S.C. No.101 of 2009, whereby the sole accused/ appellant stood charged for the offence under Section 302 of the Indian Penal Code, tried and awarded life imprisonment and to pay a fine of Rs.10,000.00 in default to undergo Rigorous' Imprisonment for two months.

(2.) THE short facts for the disposal of the case can be stated thus:-

(3.) ADVANCING arguments on behalf of the appellant, Mr.V. Kathirvelu, learned counsel would submit that in the instant case, the prosecution has miserably failed to prove its case. Learned counsel would submit that P.Ws.1 and 10 were examined to the effect that they were talking to the deceased on the previous night, but they have not spoken anything about the occurrence. According to the prosecution, P.Ws. 2 and 17 were examined as eye witnesses. The statement of P.W.17 though claimed to have been recorded on the very day, it reached the Court after two months. Therefore, no evidentiary value can be given to his evidence.