R SUBBIAH Vs. STATE

JUDGEMENT

(1.) Challenge is made to the Judgment of the Principal Sessions Division, Dindigul District dated 28.9.2006 made in S.C. No. 172 of 2005 whereby the sole accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with a fine of Rs. 5,000/-, in default, to undergo three years rigorous imprisonment, apart from five years rigorous imprisonment and fine of Rs. 3,000/- on each count under Section 307 IPC (2 counts).

(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 19 witnesses and relied on 28 Exhibits and 10 M Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Code of Criminal Procedure on the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied on the part of the accused. Neither witness was examined nor document was marked on the side of the defence. 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 charges levelled against the accused and found the accused guilty of the charges and awarded punishments as referred to above.