KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 to 3 in S.C. No. 56 of 2010 on the file of the Additional District and Sessions Judge cum Fast Track Court, Dindigul. They stood charged for the offences under Sec. 120 -B, 364, 302 r/w. 34, 506(H) and 201 r/w. 302 IPC. By judgment dated 30.06.2010, the trial Court has convicted and sentenced them as follows;

(2.) We have heard the learned senior counsel appearing for the appellants and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.

(3.) The learned senior counsel appearing for the appellants, by referring to the grounds of appeal, would submit that in this case, the prosecution relies on the evidence of PW 15 and the same cannot be believed in view of the evidence of PW 22. The learned senior counsel would point out that though it is alleged by PW 15 that on 24.11.2004 at about 2.00 p.m. the first accused appeared before him and made a voluntary confession, PW 22 has stated during cross examination that on 24.11.2004, from 7.00 a.m. onwards, all the three accused were kept in the Police Station, until they were produced before the Court for judicial remand. Thus, from the said fact, according to the learned senior counsel, the evidence of PW 15 cannot be believed. The learned senior counsel would further submit that though it is stated that there was motive between the first accused and the deceased, that by itself would not go to prove the offence said to have been committed by the accused.