PASUVARAJ Vs. STATE REP

JUDGEMENT

(1.) This is an appeal by the sole accused in a case of murder, wherein he was found guilty though not under S.302 of I.P.C., but under S.304(ii) of I.P.C. and sentenced to undergo 10 years R.I.

(2.) The short facts, which led the trial Court to frame the said charge against the appellant/accused are as follows:

(3.) In order to prove the charge levelled against the appellant/accused, the prosecution examined 11 witnesses and marked 22 exhibits and 11 material objects. After completion of the evidence of the prosecution, the accused was questioned under S.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused made a statement stating that he was actually standing inside the hotel at the time of occurrence; that he was called by the deceased; that a scuffle was going on outside; and that he opened the door and went outside and found the deceased with stab injuries on his neck. He flatly denied the prosecution case. No defence witness was examined. After consideration of the rival submissions and scrutiny of the available materials, the trial Court found the appellant/accused guilty under S.304(ii) of I.P.C., convicted and sentenced him as stated above.