A IBRAHIM SHA Vs. STATE

JUDGEMENT

(1.) This appeal challenges a judgement of the Principle Sessions Division, Madurai in S.C.No.44 of 2009 whereby the sole accused/appellant stood charged, tried and found guilty as per the charge of murder and awarded life imprisonment along with fine of Rs.2,000/- and default sentence.

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

(3.) Advancing the arguments on behalf of the appellant, the learned counsel would submit that according to the prosecution, the occurrence has taken place at 2.00 p.m. on 17.09.2008, and P.Ws.1, 2, 3 and 9 were marched by the prosecution as occurrence witnesses, out of whom, P.W.2, was treated hostile by the prosecution. In so far as P.Ws.3 and 9 are concerned, they claimed to be eyewitnesses, but the evidence of P.W.1 could not be relied for any purpose. There are lot of inconsistencies found in the evidence of P.Ws.3 and 9. According to P.W.3, he was driving the auto and no passenger was inside. On the contrary, P.W.9 has stated that P.W.3 and himself were driving the autos with passengers and thus, it is highly doubtful whether P.Ws.3 and 9 could have gone together.