VISWANATHAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Nagapattinam made in S.C.No.278 of 2002, whereby the sole accused/appellant stood charged under Section 302 IPC, tried, found guilty as per the charges and awarded life imprisonment and to pay a fine of Rs.1000/-, in default to undergo 6 months R.I.

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

(3.) ADDED further the learned counsel that it is highly doubtful whether Ex.P.1, the report could have come into existence as put forth by the prosecution that according to P.W.1, he went to the police station and it was P.W.3 who wrote the same and it was handed over to the Inspector of Police that according to P.W.3, who accompanied with P.W.1 and also according to P.W.7, the Sub Inspector of Police, who registered the case, a written report was brought and handed over to the Sub Inspector of Police and thus, this discrepancy would clearly indicate that Ex.P.1 could not have come into existence as put forth by the prosecution and that according to the prosecution, four were the eyewitnesses and that they could have intervened and under these circumstances, such an incident could not have been taken place at all.