RASUPILLAI ALIAS SOOSAIRAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Appeal challenges the judgment of the Additional Sessions Division/Special Court for E.C.Act, Thanjavur made in S.C.No.27 of 2009, dated 21.8.2009 whereby the sole accused/appellant stood charged, tried and found guilty for the offence under Section 302 and 302 r/w 301 of the IPC and awarded life imprisonment and a fine of Rs.1,000/- under Section 302 of the IPC and two years rigorous imprisonment and a fine of Rs.1,000/- under Section 302 r/w 301 of the IPC and in default to pay fine, 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 charges levelled against the accused, the prosecution examined 18 witnesses and relied on 18 Exhibits and 4 MOs. On completion of the evidence on the side of the prosecution, when the accused was questioned under Section 313 Cr.P.C. on the incriminating circumstances found in the evidence of the prosecution witnesses, he denied them as false. 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 and found him guilty as per the charges and awarded punishment as referred to above.