SUMATHY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgement dated 24.6.2004 passed by the learned Principal Sessions Judge, Chennai in S.C. No.517 of 2003, whereby the sole accused stood charged, tried and found guilty for the offences under Sections 302 read with 34 and 201 read with 34 of the Indian Penal Code and sentenced to undergo Life Imprisonment for the offence under Section 302 read with 34 of the Indian Penal Code and Rigorous Imprisonment for five years for the offence under Section 201 read with 34 of the Indian Penal Code.

(2.) THE short facts necessary for the disposal of the case can be stated thus:

(3.) ADVANCING arguments on behalf of the appellant, learned counsel would submit that in the instant case, the prosecution has miserably failed to prove its case beyond reasonable doubt since the prosecution had no direct evidence to offer. Even P.W.2, the son of the deceased, has turned hostile. Though he has turned hostile, he has categorically stated that his mother/accused accompanied him to the market and thereafter, he did not know as to what happened. Hence, the accused/appellant had no role to play in the crime in question.