(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Division, Fast Track Court, Kallakurichi made in S.C.No.191 of 2007, whereby the first accused/appellant stood charged along with A-2 under Sections 302 and 506(2) IPC, tried and A-1 was found guilty under Section 302 IPC and awarded life imprisonment and to pay a fine of Rs.3000/-, in default to undergo 6 months R.I., while A-2 was acquitted of the charges.
(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:
(3.) ADDED further the learned counsel that the trial court has acquitted A-2, but found A-1 guilty that what are all the reasons adduced by the trial court for acquitting A-2 are equally applicable to A-1 also and hence, A-1 is entitled for acquittal that the learned counsel would further submit before this court that P.W.1 has filed Criminal O.P.No.24747 of 2006 with the prayer that along with two accused, who were originally shown in the F.I.R., two more persons, namely the father of A-1 and A-2 and also one Kumar, were to be added that when the matter was taken up for enquiry, P.W.1 has withdrawn the said criminal O.P. that this would be clearly indicative of the fact that the prosecution witnesses wanted to add two more persons, attributing overt acts to them along with two others, whose names are actually found in the original F.I.R. and that this would go to show that it was nothing but false accusations were made against the appellant.