DHANASEKAR ALIAS ATTUMAVOO Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.III, Madras, made in S.C.No.303 of 2006 whereby the appellant shown as A-1, along with one Venkatesan shown as A-2, stood charged, tried and found guilty under Sections 341 and 302 read with 34 of IPC and awarded one month Simple Imprisonment for the first charge and life imprisonment along with a fine of Rs.1000/- and default sentence for the second charge. Though A-2 was found guilty, he has not preferred any appeal.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus:

(3.) ADDED further the learned Counsel that in the instant case, though the case was registered under Sec.307 of IPC at about 9.30 A.M. and subsequently it was altered to Sec.302 of IPC at 3.00 P.M. on the death of Raguman, both the FIRs have reached the Judicial Magistrate at the same time namely at 10.20 P.M. on that day that if really a case was registered at 9.30 A.M. and it was subsequently altered to Sec.302 of IPC, the delay should not have been caused that this would be telling that the case could not have been registered as put forth by the prosecution that further in the instant case, the evidence put forth by the witnesses regarding the occurrence, was highly discrepant and that all would go to show that the prosecution has miserably failed to prove its case.