VEERAPANDIAN ALIAS POONAI Vs. STATE

JUDGEMENT

(1.) This Appeal challenges the judgment of the Trial Court viz., Additional Sessions Division, Fast Track Court No.2, Tirunelveli dated 25.6.2009 made in S.C.No.315 of 2005 whereby the sole accused/appellant stood charged, tried and found guilty of the charge under Sections 341 and 302 of the IPC and awarded a fine of Rs.500/- (Rupees five hundred only), in default, to undergo one week simple imprisonment under Section 341 of the IPC and life imprisonment and a fine of Rs.2,000/-, in default to undergo six months rigorous imprisonment.

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

(3.) In order to substantiate the charge levelled against the accused, the prosecution examined 10 witnesses and relied on 17 Exhibits and 13 MOs. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. on the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied on the part of the accused. Neither defence witness was examined nor document was marked on the side of the defence. The trial Court after hearing the arguments advanced by either side and on considering the materials available on record, took the view that the prosecution has proved its case beyond reasonable doubts in respect of the charge of murder apart from the charge of wrongful restraint and found the accused guilty of the charges.