SURESH KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A. 1 to A. 3 are the appellants herein. Suresh Kumar alias Suresh, who is arrayed as A. 1, mohammed All alias Monu alias Jambu, who is arrayed as A. 2 and Narayanamoorthy alias wins Moorthy, who is arrayed as A. 3, have been convicted by the trial Court for the of-fence punishable under S. 302 r/w S. 109, i. P. C. and sentenced to undergo imprison- ment for life. Challenging the same, this appeal has been preferred.

(2.) THE short facts leading to the filing of the appeal are as follows :

(3.) MR. L. Mahendran, learned counsel for the appellants, would take us through the entire evidence and would contend that the testimony of P. Ws. 1 and 2 cannot be relied upon as they could not have seen the occurrence and their conduct is quite artificial and their deposition before the Court is quite contradictory to the evidence of P. W. 3 and other records. Therefore, the conviction, on the basis of the evidence of P. Ws. 1 and 2, the eye-witnesses, cannot be held to be valid.