RAJENDRAN Vs. STATE

JUDGEMENT

(1.) A challenge is made to the judgment of the I Additional Sessions Division, Salem made in S. C. No.268 of 2004, whereby the appellant/accused stood charged under Sec.302 IPC, tried and found guilty as per the charge of murder of 20 days old female born, and awarded life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one year R. I.

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

(3.) The case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges, the prosecution examined 13 witnesses and relied on 23 exhibits and 4 M. Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Sec.313 Cr. P. C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which he flatly denied as false. The mother of the accused was examined as D. W.1, but no document was marked. On completion of the evidence of both sides, the trial court heard the arguments advanced, looked into the materials available and took the view that the prosecution has proved the case beyond reasonable doubt and made a judgment of conviction and sentence as referred to above, which is the subject matter of challenge in this appeal.