RAMU ALIAS RAMAMURTHY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court, Vellore, made in S.C.No.23 of 2002 whereby the sole accused/appellant stood charged under Sec.302 (2 counts) IPC, tried, found guilty as per the charge and awarded life imprisonment for each count which was ordered to run concurrently.

(2.) SHORT facts necessary for the disposal of this appeal could be stated as follows:

(3.) ADDED further the learned Counsel that in the instant case, there was a delay noticed that according to the prosecution, the occurrence took place at 6.00 P.M. and the FIR has come into existence at 9.30 P.M. that there was a delay of 3 - hours though the police station is situated within 5 kilometers from the place of occurrence that apart from that, there was a delay in FIR reaching the Court that according to P.W.16, the Sub Inspector of Police, he registered the case at about 9.30 P.M. but, the FIR has reached the Judicial Magistrate, Vellore, at about 8.30 A.M. on the next day that there was a delay of 11 hours that the prosecution had no explanation to offer that even the Constable who took the FIR, has not been examined that apart from that, in the inquest reports of both the deceased, except the name of P.W.2, no one's name is mentioned as eyewitness that under the circumstances, the prosecution has miserably failed to prove its case or bring home the guilt of the accused but, the trial Court has taken an erroneous view since it has been carried away by the fact that it was a double murder, and hence the appellant is entitled for acquittal.