VELU Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 290 of 2010 on the file of the Additional Sessions cum Fast Track Court No. I, Tuticorin. He stood charged for the offences under Sections 294(b), 302 and 506(ii) IPC. The trial Court, by judgment dated 18.03.2011, convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/ -, in default to undergo simple imprisonment for one year. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows;

(3.) THE learned counsel appearing for the appellant would submit that there is inordinate delay in preferring the complaint and the same has not been explained away by the prosecution, which creates a doubt in the case of the prosecution. He would further submit that according to the medical evidence, there was food in the stomach of the deceased, whereas, according to PW3, the deceased had taken food at 6.30 p.m. This, according to the learned counsel, would create doubt in the time of the occurrence. He would further submit that there was no bloodstain found on MO.1 - aruval. He would lastly submit that the evidence of PW2 cannot inspire the confidence of the Court going by the motive and the fact that he was a chance witness. Thus, according to the learned counsel, the prosecution has failed to prove the case beyond all reasonable doubts.