PANDIAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred by a sole accused, Pandian, challenging the judgment of the learned Additional District and Sessions Judge, Nagapattinam, dated 27.01.2003 made in S.C.No.280 of 2002 convicting him under Section 352 IPC and sentencing him to undergo three months rigorous imprisonment and convicting him under Section 302 IPC and sentencing him to undergo life imprisonment and also imposing a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment. The sentences are ordered to run concurrently.

(2.) THE prosecution version as unfolded during the course of trial is as follows:

(3.) MR.K.P.Muthukumarasamy, learned counsel appearing for the appellant contended that the prosecution has not come forward with clear and cogent version. It is contended that the eye-witnesses, P.Ws.2 to 4, have turned hostile and the prosecution is left with the sole testimony of P.W.1. It is submitted that the evidence of P.W.1 is not corroborated by any independent witness. The learned counsel would further submit that the evidence of P.W.1 suffers from infirmities and his evidence is contrary to the materials available on record. The learned counsel would submit that it is not safe to place reliance on the uncorroborated testimony of P.W.1. It is submitted that the medical evidence is contrary to the version of P.W.1. The learned counsel would also contend that the prosecution has not proved the recovery of the weapon, M.O.3, aruval by adducing satisfactory evidence. The learned counsel would further submit that there are contradiction between the evidence of P.W.1 and his report, Ex.P.1 in respect of any material recovery.