BALU Vs. STATE TAMIL NADU

JUDGEMENT

(1.) CHALLENGING a judgment of the Sessions Division, Nagapattinam, made in S. C. No. 33/2004 whereby the sole accused/appellant stood charged under Sec. 302 of I. P. C. , tried, found guilty as per the charge and awarded life imprisonment along with a fine of Rs. 2,000/- and default sentence, the appellant has brought forth this appeal.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:

(3.) THE case was committed to Court of Session and necessary charge was framed. In order to substantiate the charge, the prosecution examined 22 witnesses and also relied on 20 exhibits and 3 material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Sec. 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. He has not only denied them as false, but also given a statement to the effect that it was she who poured acid on him, and he sustained injuries. No defence witness was examined. After hearing the arguments advanced on either side and scrutiny of the materials, the trial Court took the view that the prosecution has proved the case beyond reasonable doubt, found him guilty as per the charge and awarded the punishment as referred to above, which is the subject matter of challenge before this Court.