SEKAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dtd. 17/11/2011 passed by the learned Additional Sessions Judge (Fast Track Court No.1), Thoothukudi, in S.C.No.121 of 2011, wherein the appellant was convicted for an offence punishable under Sec. 302 IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs.1,000.00, in default, to undergo Rigorous Imprisonment for one year.

(2.) The prosecution theory runs as follows:

(3.) Mr.B.Sekar, (Legal Aid counsel), learned counsel for the appellant contended that the prosecution did not recover the bullock-cart over which the body was lying and also contended that it is highly improbable that Kaliammal [P.W-1] left her minor daughter Thangamani [P.W-2] at the scene of occurrence and thereafter went home and picked up her elder daughter Palaniammal [P.W-3] to give a complaint to the police. He further submitted that the weapon allegedly used by the appellant is 42 c.m. long and it cannot be hidden in the Lungi as alleged by the prosecution.