PETHAN Vs. STATE

JUDGEMENT

(1.) The sole accused in a case of murder, who stood charged under Sections 302, 307, 326 and 323 IPC, tried, found guilty under Sections 302, 307 and 324 IPC and awarded life imprisonment under Section 302 IPC, 10 years RI under Section 307 IPC and 3 years RI under Section 324 IPC and the sentences were directed to run concurrently by way of judgment made in S.C. No. 52 of 2001 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Dindigul, has challenged the conviction and sentence in this appeal.

(2.) The short facts necessary 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 has examined 17 witnesses and relied on 17 exhibits and 10 M.Os. On completion of the evidence on the side of the prosecution, the accused was questioned procedurally under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which he flatly denied as false. On the side of the accused, though no witness was examined, only one document was marked as Ex.D.1. The trial court heard the arguments advanced on either side and took the view, after considering the submissions made and scrutinising the materials, that the prosecution has proved the case in respect of Sections 302, 307 and 324 IPC and awarded punishments as referred to above. Hence, this appeal at the instance of the appellant.