KUTHURAJ Vs. STATE

JUDGEMENT

(1.) THE above appeal by the accused is directed against the order of the trial court ordering confiscation of a S.B -B.L. gun, marked as M.O. 6.

(2.) FACTS briefly are: The appellant was tried by the learned Sessions Judge, Madurai North, at Dindigul, in S.C. No. 114 of 1983 for an offence under Section 302 I.P.C. on the allegation that on 3 -4 -1983 at about 5 -30 p.m. he, a licence of a gun, shot his mother dead inside his house with the above gun. During trial, on behalf of the prosecution P. Ws. 1 to 12 were examined, Exhibits P -1 to P -18 were marked and M. Os. 1 to 12 were produced. The accused denied his complicity with the crime. He had no evidence to offer, oral or documentary. The trial Court on the above material, found that there was no evidence against the appellant and acquitted him. The gun seized during investigation and marked as M.O. 6, was ordered to be confiscated to the State. Aggrieved with the above order of confiscation, the accused has preferred the present appeal.

(3.) NO doubt, the trial court has acquitted the appellant of the charge under Section 302 I.P.C. The above acquittal is based upon a finding that there is absolutely no evidence to connect the appellant with the crime since all the witnesses who had been expected to speak of the occurrence had turned hostile.