BALU @ BALASUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) Challenging the judgment of the Principal Sessions Judge, Virudhunagar District at Srivilliputhur in S.C. No. 115 of 2006, whereby the appellant/accused was charged and tried for commission of offence under Sections 302 and 394 r/w 397 of IPC, the present Criminal Appeal has been filed. On trial, the appellant/accused was found guilty whereby life imprisonment along with fine and default sentence on the first charge and also 7 years R.I. along with fine and default sentence on the second charge were awarded.

(2.) The short facts 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 24 exhibits and 18 M.Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied by the accused. No defence witness was examined. The Trial Court after hearing the arguments advanced on either side and considering the materials available on record, took the view that the prosecution has proved the case beyond reasonable doubt and found the accused guilty of the charge of murder and awarded punishment. Challenging the conviction and sentence as referred to above, this appeal has been filed by the accused/appellant.