BABU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Vellore made in S. C. No. 117 of 2005, whereby the sole accused/appellant stood charged under Sections 302 and 404 IPC, tried and found guilty as per the charges and awarded life imprisonment and to pay a fine of Rs. 100/-, in default to undergo 3 months R. I. under Section 302 IPC and one year R. I. and to pay a fine of Rs. 100/-, in default to undergo 2 months R. I. under Section 404 IPC and both the sentences were ordered to run concurrently. Hence this appeal has arisen.

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

(3.) THE case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined 18 witnesses and also relied on 19 exhibits and 20 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, which he flatly denied as false. On the side of the defence, only one witness was examined and two documents were marked. The trial court, after hearing the arguments advanced and looking into the materials available, took the view that the prosecution has proved the case beyond reasonable doubt and has awarded punishments as referred to above, which is the subject matter of challenge in this appeal.