MURUGESAN Vs. STATE

JUDGEMENT

(1.) This appeal is preferred from the judgment of the Sessions Division, Sivaganga, in S.C. No. 25/2004 whereby the appellant as A-1 along with his sister A-2 stood charged under Section 302 read with 34 of I.P.C., tried, found guilty under Section 302 of I.P.C. and awarded life imprisonment along with a fine of Rs. 2,000/- and default sentence, while A-2 was acquitted.

(2.) Briefly the facts of the prosecution case 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 marched 15 witnesses and also relied on 18 exhibits and 11 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. One witness was examined on the defence side. On completion of the evidence on both sides, the trial Court heard the arguments advanced on either side and scrutinised the materials. The trial Court was of the opinion that the prosecution has proved the case beyond reasonable doubt so far as A-1 was concerned and found him guilty and awarded life imprisonment, while it acquitted A-2. Aggrieved over the judgment, A-1 has brought forth the appeal before this Court.