THAVASI Vs. STATE

JUDGEMENT

(1.) Challenging the judgment of the Sessions Division, Kanyakumari District at Nagercoil made in S.C. No. 95 of 2003, the sole accused/appellant, who stood charged under Section 302 IPC, tried, found guilty and awarded life imprisonment and also to pay a fine of Rs. 1000/-, in default to undergo one year RI, has brought forth this appeal before this Court.

(2.) The brief facts of the prosecution case are as follows:

(3.) The case was committed to the court of sessions and necessary charges were framed. In order to substantiate the charges, the prosecution has marched 18 witnesses and relied on 25 exhibits and 6 M.Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C as to the incriminating circumstances found in the evidence of prosecution witnesses, which he flatly denied as false. No defence witness was examined. The lower court heard the arguments advanced on either side and was of the opinion that the prosecution has proved the case beyond reasonable doubt and has found the accused/appellant guilty as per the charge and awarded punishment as referred to above, which is the subject matter of challenge before this Court.