MARIMUTHU AND GNANARAJ Vs. STATE THROUGH BY THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, VIRUDHUNAGAR

JUDGEMENT

(1.) THIS appeal has arisen from the judgment of the Principal Sessions Division, Srivilliputhur made in S.C.No.91 of 2006, whereby the sole accused/appellant stood charged under Sections 302 and 309, IPC and on trial, he was found guilty on both charges and awarded life imprisonment and to pay a fine of Rs.1000/ - in default to undergo 6 months' RI under Section 302, IPC and 6 months' S.I. under Section 309, IPC.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) THE case was committed to the Court of sessions and necessary charges were framed. In order to substantiate the charges, the prosecution examined 16 witnesses and relied on 16 exhibits and 5 M.Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313, Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses. The accused flatly denied them as false. No defence witness was examined. On hearing the submissions made and also scrutiny of the materials available, the trial Court took the view that the prosecution has proved the case beyond reasonable doubt and entered a judgment of conviction and sentence, which is the subject -matter of challenge before this Court.