P SANKAR Vs. STATE

JUDGEMENT

(1.) The appellant, who is the sole accused, was tried by the learned Additional Sessions Judge, Fast Track Court, Dharmapuri, in S.C.No.72 of 2011 for an offence under Section 302 I.P.C. and by a judgment dated 26.12.2011, the learned trial Judge found the appellant guilty of the charge and convicted and sentenced him to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default to undergo six months simple imprisonment. Challenging the said judgment, the appellant is before this Court in this appeal.

(2.) The case of the prosecution, in brief, is as follows:

(3.) Mr.M.G.Udhayasankar, learned counsel for the appellant/accused mainly argued that the prosecution has failed to prove the motive in this case. Since no motive is proved, a reasonable doubt has arisen in this case. Secondly, the learned counsel for the appellant/accused argued that all the witnesses examined on the side of the prosecution are relatives and therefore their evidence cannot be relied upon. Hence, some reasonable doubt had arisen with regard to the evidence of prosecution witnesses. Further, the learned counsel for the appellant vehemently contended that since it is a case of no eye-witnesses and the prosecution mainly relied upon the circumstantial evidence, the alleged confession given by the accused herein was not proved and the alleged recovery was also not proved by the prosecution. Further, there is some contradiction in the name of the material objects recovered. The alleged confession given by the accused and recovery have not been proved by the prosecution and there is no connecting circumstances in the alleged crime with the present appellant/accused.