MANI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The sole accused in a case of murder, wherein he though not found guilty under Sec. 302 of I.P.C. was found guilty under Sec. 304(ii) of I.P.C. and sentenced to undergo 5 years R.I. has brought forth this appeal.

(2.) The necessary facts for the disposal of this appeal are as follows:

(3.) In order to prove the charge levelled against the appellant/accused, the prosecution examined 11 witnesses and marked 16 exhibits and 16 material objects. After the completion of the prosecution evidence was over, the accused was questioned under Sec. 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. No defence witness was examined. Neither any exhibit nor any material object was marked on the side of the defence. On consideration of the rival submissions and scrutiny of the materials available, the trial Court has found him guilty under Sec. 304(ii) of I.P.C. and sentenced to undergo the imprisonment as referred to above. Hence, this appeal.