PALANISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant, the accused in S.C. No.10 of 1987 on the file of Court of Session, Pudukoltai Division, Pudukottai was found guilty of an offence under Sec. 302 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life.

(2.) Aggrieved by the said conviction and sentence, the present action had been resorted to Brief facts; are:

(3.) On committal, learned Sessions Judge framed a charge against the accused under Sec. 302 of the Indian Penal Code. The accused, when questioned as respects the charge so framed against him, denied the same and claimed to be tried. The prosecution in proof of the charge framed against the accused examined P.Ws. 1 to 15, filed Exs. P-1 to P-18 and marked M.Os. 1 to 17. The accused, when questioned under Sec. 313 of the Code of Criminal Procedure, as respects the incriminating circumstances appearing in evidence against him, denied his complicity in the crime. He also filed a written statement under Sec. 313 of the Code of Criminal Procedure denying his complicity in the crime. He would also positively state that he did not at all give any extra judicial confession to P.W. 1 and he, in fact, did not at all go to the office of P.W. 1. He was also threatened to give a judicial confession before the Judicial MagistrateTs Court by P.Ws.14 and 15 and despite such threat, he did not at all give any such judicial confession as desired by them. Learned Sessions Judge, on consideration of the materials placed and after hearing the arguments of learned counsel sponsored by the Legal Aid, Board for the accused and learned Public Prosecutor, representing the prosecution, however, has rendered a verdict as stated above.