SEKAR Vs. THE STATE

JUDGEMENT

(1.) THE petitioner is the sole accused in Sessions Case No. 531/2002 on the file of Additional Sessions Judge, Fast Track Court No. II, Madurai. He stands convicted for the offences under Sections 302 and 201, I.P.C. and stands sentenced to undergo imprisonment for life for the former offence and seven years' rigorous imprisonment for the latter offence. Pending appeal seeking suspension of sentence and bail he has filed the present petition.

(2.) HEARD the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

(3.) THE conviction of the petitioner/appellant is purely based on circumstantial evidence. The prosecution, however, failed to prove the link forming the chain. Even though P.Ws. 6, 7 and 14 speak about the last seen theory, there is flaw in their evidence to connect the involvement of the petitioner in the commission of the offence and the prosecution has failed to establish the link. With regard to the case of the prosecution that the deceased with Rs. 12,000 to redeem the tractor, as spoken to by P.W.6 and P.W.14, nothing has been proved in that record. For all these reasons, we are inclined to suspend the sentence and enlarge the petitioner on bail, pending appeal.