ABBAS Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Sessions Division, Sivagangai, made in S.C. No. 142 of 2007 whereby the sole accused/appellant stood charged under Section 302 (2 counts) IPC, tried, found guilty as per the charge of murder (2 counts) and awarded life imprisonment along with a fine of Rs. 5000/- and default sentence for each count, and the sentences were ordered to run concurrently.

(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 charge was framed. In order to substantiate the charge, the prosecution marched 14 witnesses and also relied on 27 exhibits and 5 material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which he flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side and took the view that the prosecution has proved the case beyond reasonable doubt in respect of the charge of murder (two counts) and awarded the punishment as referred to above. Under the circumstances, this appeal has arisen.