T. KATHIRESAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No.200 of 2012, on the file of the learned Principal Sessions Judge, Trichirappalli. He stood charged for the offence punishable under Section 302 of the Indian Penal Code. By Judgment dated 18.12.2012, the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

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

(3.) THE learned counsel appearing for the appellant would submit that the evidences of PW -4 and PW -5 cannot be believed, which is evident from their conduct, inasmuch as they did not disclose about the occurrence to anybody for a period of 40 days. According to PW -7, the accused surrendered before him on 18.07.2012 at 09.00 AM and made a voluntary confession. But, according to the evidence of PW -2 and PW -3, the accused was taken into custody by the police on 17.07.2012 itself and thereafter, he was kept in the Police Station. Thus, the so -called confession made by the accused to PW -7, the subsequent disclosure statements made by the accused and the consequential recovery of petticoat and the rope cannot be believed. The learned counsel would further submit that except this evidence, there is no other evidence available against the accused and therefore, the accused is entitled for acquittal.