LAWS(MAD)-2008-11-8

GUNASEELAN Vs. STATE

Decided On November 28, 2008
GUNASEELAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS Appeal challenges a judgment of the Additional sessions Division, Fast Track Court No. II, coimbatore, made in S. C. No. 123 of 2007 whereby the sole accused/appellant stood charged under Sections 341 and 302 of IPC and on trial, found guilty as per the charges and awarded one month's Simple Imprisonment along with a fine of Rs. 500/- and default sentence under Section 341 of IPC and also life imprisonment alongwith a fine of Rs. 2,000/- and default sentence under section 302 of IPC.

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

(3.) THE case was committed to Court of session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 11 witnesses and also relied on 14 exhibits and 1 material Object. On completion of evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which he flatly denied as false. No defence witness was examined. The Trial Court heard the arguments advanced, and took the view that the prosecution has proved the case beyond reasonable doubt and hence found him guilty and awarded the punishment as referred to above. Hence this Appeal at the instance of the appellant/accused.