KILLER THIAYAGU ALIAS THIYAGU Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 7.10.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.II, Poonamallee, Thiruvallur District in S.C. No.76 of 2010, whereby accused 1 to 4 stood charged, tried for the offences under Sections 341 and 302 read with 34 of the Indian Penal Code and found guilty for the offence under Section 302 read with 34 of the Indian Penal Code and awarded life imprisonment and to pay a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for one year.

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

(3.) ADVANCING arguments on behalf of the appellants, learned Senior counsel would submit that in the instant case, the prosecution has miserably failed to prove its case. According to the prosecution, the occurrence has taken place at 8.30 p.m. and P.W.1 has given Ex.P1 report at 9.30 p.m. to P.W.15 Inspector of Police and the case was registered under Sections 341 and 302 of the Indian Penal Code and the First Information Report has reached the Judicial Magistrate Court, Ambattur on 5.3.2010 at 1.00 a.m. It is an admitted position that the distance between the police station and the Magistrate's Court is only two k.ms. But, there was a delay in sending the First Information Report.