VAITHI ALIAS VAITHIYALINGHAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Division, Fast Track Court No.3, Chennai made in S.C.No.107 of 2006, whereby the sole accused/appellant stood charged under Sections 302, 380 and 307 IPC, tried, found guilty as per the charges and awarded life imprisonment under Section 302 IPC, five years R.I. under Section 380 IPC and 7 years R.I. under Section 307 IPC and the sentences were ordered to run concurrently.

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

(3.) ADDED further the learned counsel that it is not the evidence of P.W.9, the coconut merchant that the accused was coming from the house with knife, but he was coming out and thus, it can be well stated that the prosecution had no evidence worth mentioning to offer that all other evidence in no way should be taken as corroborative piece of evidence that the alleged arrest, confessional statement and the recovery of weapon of crime and the jewels were all nothing, but cooked up in order to suit the case of prosecution that all the witnesses, who were examined at the time of cross examination, remained shaky that the lower court should not have believed the evidence at all and that so long as the prosecution was unable to prove as to how the occurrence has taken place inside the house at about 2.10 p.m. on 28.02.2006 as found in the charge, the prosecution cannot be said to have proved the case beyond reasonable doubt.