ESWARAN @ MAREESWARAN @ KALEESWARAN Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal challenges the judgment of the learned Additional Sessions Judge (Fast Track Court No. 1), Thoothukudi made in S.C. No. 332 of 2006 dated 08.06.2007, whereby the appellant stood charged, tried and found guilty under Sections 302 (2 counts), 379 and 201 of the Code and awarded punishment as follows:

(2.) The shorts facts, necessary for the disposal of this appeal can be stated thus:

(3.) The case was committed to the court of sessions, and necessary charges were framed, and the case was taken up for trial. In order to substantiate the charges, at the time of trial, the prosecution examined 31 witnesses and relied on 45 exhibits and 25 M.Os. On completion of the evidence on the side of the prosecution, the accused/appellant was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses. They flatly denied them as false. After hearing the arguments of the counsel and looking into the materials available, the trial court took the view that the prosecution has proved the case beyond reasonable doubt, found him guilty and awarded the punishments as referred to above. Under these circumstances, this criminal appeal has arisen at the instance of the accused/appellant herein.