MAHESH Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Sessions Division, Kanyakumari at Nagercoil in S.C.No.73/2005, dated 23.03.2006, whereby the appellant/accused stood charged, tried and found guilty as per the charge of murder and awarded life imprisonment, along with fine and default 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 by the Judicial Magistrate for trial. Since the other accused Murugan was absconding, the case against him was split up and the case insofar as the appellant/accused was taken up for trial and proceeded with. Necessary charges were framed against the appellant/accused. To substantiate the charges levelled against the appellant/accused, the prosecution examined as many as 16 witnesses as P.W.1 to P.W.16, besides marking Exs.P -1 to P -27 and M.Os.1 to 23. On completion of the evidence on the side of the prosecution, the appellant/accused was questioned procedurally under Section 313 of the Code of Criminal Procedure about the incriminating materials found against him in the evidence of prosecution witnesses. The accused denied all of them as false. On the side of the accused, no witness was examined and no document was marked. After hearing the arguments advanced by the counsel on either side and perusal of the material available, the trial Court found the appellant/accused guilty under the charge of murder and awarded life imprisonment with fine and default sentence. Hence, the present appeal at the instance of the appellant.