R SANKAR Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.2 of 2015 on the file of the learned Additional District and Sessions Judge (Exclusive trial of Bomb Blast cases), Chennai @ Poonamallee. The second accused was one Prem Kumar S/o Harilingam. The trial Court framed as many as four charges as detailed below: <FRM>JUDGEMENT_261_LAWS(MAD)8_2016.html</FRM>

(2.) The case of the prosecution in brief is as follows:

(3.) When the above incriminating materials were put to the accused under Section 313 Cr.P.C., they denied the same as false. On their side, the first accused examined himself as D.W.1 and marked two documents viz., Ex.D1 is a certified copy of the judgement in S.C.No.38 of 2012 and Ex.D2 is a certified copy of the judgement in S.C.No.517 of 2013. D.W.1 has stated that he was prosecuted before the learned II Additional Sessions Judge, Cuddalore in S.C.No.38 of 2012 and in that case, he was acquitted. Ex.D1 is the certified copy of the said judgment. He has further stated that he was implicated in the present case based on the so-called confession given by him to the police in connection with the above case in S.C.No.38 of 2012. According to him, since he was acquitted in S.C.No.38 of 2012, disbelieving his confession, in this case also, the said conclusion in S.C.No.38 of 2012 is material. He has further stated that there was yet another case in S.C.No.517 of 2013 before the learned II Additional Sessions Judge, Villupuram in that case he was acquitted and Ex.D2 is the certified copy of the judgement. Similarly, the present case is also a false case against him, he has stated.