AMSARAJAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to the judgment of the Additional Sessions Division, Fast Track Court No.I, Madurai, dated 07.11.2009, made in S.C.No.63/2009, whereby the appellant/sole accused stood charged under Section 302 IPC (two counts), tried and found guilty thereunder and sentenced to undergo life imprisonment for each count and to pay a fine of Rs.20,000/-, in default to undergo rigorous imprisonment for one year for each count. The sentences were ordered to run concurrently.

(2.) Sans of unnecessary details, the case of the prosecution can be stated thus.

(3.) After committal proceedings, the case was taken on file by the Sessions Court in S.C.No.63/2009 and necessary charge was framed. To prove the charge against the accused, the prosecution examined 22 witnesses as P.Ws.1 to 22 and marked seven documents as Exs.P-1 to P-7 and produced M.Os.1 to 5. On completion of the evidence on the side of the prosecution, when the accused was questioned under Section 313 of the Criminal Procedure Code about the incriminating circumstances found in the evidence of prosecution witnesses, he denied all of them as false. On the side of defence, neither oral evidence nor documentary evidence was let in. The trial court, after hearing the parties, took the view that the prosecution has proved the charge against accused beyond reasonable doubt, found him guilty under the charge of murder (two counts), convicted him thereunder and awarded imprisonment as referred to above and hence this appeal at the instance of the appellant.