LAWS(MAD)-2006-2-318

M SEKAR Vs. STATE OF MADRAS

Decided On February 24, 2006
M.SEKAR Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) SEKAR, the appellant herein was convicted for the offences under Sections 302 and 309 I. P. C. This appeal has been filed challenging the same.

(2.) THE brief facts leading to the conviction are as follows: -

(3.) MR. V. Parthiban, learned counsel appearing for the appellant, would submit that the sole witness P. W. 3 is a chance witness and inasmuch as he is not able to describe the place of occurrence correctly as his statement is not in consonance with the Observation Mahazar and mahazar witness, he cannot be believed as an eye witness and therefore, the accused is liable to be acquitted.