D DALLASBAR Vs. STATE

JUDGEMENT

(1.) The sole accused in a case of murder, on being found guilty under Section 302 IPC by the Court of Session, Kanyakumari Division at Nagercoil in S.C. No. 178 of 2002 and awarded with life imprisonment along with a fine of Rs. 2000/-, in default to undergo two years rigorous imprisonment, has challenged the same in this appeal.

(2.) The brief facts necessary, sans unnecessary facts, for the disposal of the appeal can be stated thus:

(3.) The case was committed to the Court of Session and necessary charge was framed. To substantiate the charge levelled against the accused, the prosecution marched 10 witnesses as P.Ws.1 to 10 and relied on 16 documents marked as Exs.P-1 to P-16 as well seven material objects marked as M.Os.1 to 7. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused denied them flatly as false. No defence witness was examined. The trial court heard the arguments advanced on either side, scrutinised the materials available and took the view that the prosecution has proved the case beyond reasonable doubt and found the accused guilty under Section 302 IPC, convicted him thereunder and sentenced him to undergo life imprisonment, which is the subject matter of challenge before this Court.