K. BALASEKAR Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No.42 of 2007, on the file of the learned Additional Sessions Judge [Fast Track Court] Periyakulam. He stood charged for the offence punishable under Section 302 of the Indian Penal Code. By Judgment dated 14.03.2008, the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code. As against 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 Senior Counsel appearing for the appellant would submit that EX -P1 is a doubtful document and the same cannot be believed. Secondly, the learned Senior Counsel would submit that PW -1 would not have seen the occurrence at all, as her presence, at the time of occurrence, is highly doubtful. He would further submit that the evidence of PW -1 is completely destroyed by the evidence of PW -5. At any rate, according to the learned Senior Counsel, the prosecution has not proved the case beyond reasonable doubts and therefore, the accused is entitled for acquittal.