BABU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Vellore, made in S.C.No.365 of 2007 whereby the sole accused/appellant stood charged under Sec.302 of IPC, tried, found guilty as per the charge of murder and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows:

(3.) THE learned Counsel would further add that P.W.3 has actually claimed that he was one of the soothsayers, and he also stayed in the other room, and thus his evidence was of no use to the prosecution that apart from that, it was utter darkness when the occurrence has taken place, and hence nobody could have seen the occurrence and that merely because the appellant has moved from the place of occurrence, it cannot be inferred that it was he who has committed the offence. Added further the learned Counsel that in the instant case, the recovery of lungi pursuant to the confessional statement, is nothing but a planted evidence and that under the circumstances, the prosecution has miserably failed to prove its case.