P RAMESH Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Additional Sessions Division, Fast Track Court No.III, Chennai, made in S.C.No.293 of 2009 whereby the sole accused/appellant stood charged under Sections 302 and 380 of IPC, tried, found guilty under Sec.302 of IPC and awarded life imprisonment along with a fine of Rs.10000/- and default sentence, while he was acquitted of the other charge under Sec.380 IPC.

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

(3.) The case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 22 witnesses and also relied on 35 exhibits and 36 material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Sec.313 of Cr.P.C., as to the incriminating circumstances found in the evidence of the prosecution witnesses which he flatly denied as false. The defence examined D.Ws.1 and 2. On completion of the evidence on both sides, the trial Court heard the arguments advanced on either side, and took the view that the prosecution has proved the case insofar as the charge of murder and awarded the above punishment. But the trial Judge did not believe the case of the prosecution in respect of the charge under Sec.380 IPC and acquitted him of that charge. Hence this appeal at the instance of the appellant.