SAMSU ALIAS SAMSUDEEN Vs. STATE

JUDGEMENT

(1.) SAMSU alias Samsudeen, the appellant in Crl. A. No. 401 of 2000 and Sarafudeen and Hakkim alias Abdul Hakkim, the appellants in Crl. A. No. 469 of 2000 are the accused 1 to 3. They have filed these two appeals, seeking to set aside the judgment of conviction imposed on them by the trial Court for the offence under Section 302 IPC and sentence to undergo life imprisonment each.

(2.) SHORT facts leading to conviction are as follows:

(3.) MR. R. SANKARA Subbu and Mr. A. K. S. Thahir, learned counsel for the appellants in the respective appeals, would submit that the evidence adduced by the prosecution, would not be sufficient to prove the case of the prosecution; the testimony tendered by eye-witnesses, is not trustworthy; in the absence of conducting test identification parade, their evidence cannot be accepted. Both the learned counsel would further point out that the evidence adduced by P. Ws. 1 and 2, is full of improvements from the statement made by them before the Doctor as well as the Police Officer during the course of investigation and hence, the appellants/a-1 to A-3 are liable to be acquitted of the charges. In support of their contentions, both the learned counsel for the appellants would cite the following authorities: