(1.) SOLE accused, in a case of murder, on being found guilty for the offences under Sections 302 and 404 of the Indian Penal Code, was awarded with the punishment of life imprisonment together with fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for a period of one year for an offence under Section 302 of the Indian Penal Code and Rigirous Imprisonment for three years for an offence under Section 404 of the Indian Penal Code and the sentences should run concurrently, has challenged the judgment passed by the I Additional Sessions Court, Coimbatore in S.C. No.25 of 2004 dated 19.4.2004.
(2.) THE short facts necessary for the disposal of the case can be stated thus:-
(3.) LEARNED counsel added further that in the instant case, in the absence of any direct witness, the case rests only on circumstantial evidence and hence duty is cast upon the prosecution to prove the motive part. If the same is not proved, the prosecution case cannot be believed.