LAWS(MAD)-2008-9-64

ELANGOVAN Vs. STATE OF TAMIL NADU

Decided On September 12, 2008
ELANGOVAN Appellant
V/S
STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional Sessions Division, Fast Track Court, Dharmapuri made in S. C. No. 192 of 2006, by the appellant, who was shown as sole accused and who stood charged under Sections 341 and 302 IPC and on trial, he was found guilty as per the charges and awarded one month R. I. under Section 341 IPC and life imprisonment along with fine of Rs. 1000/- in default to undergo 3 months R. I. under Section 302 IPC.

(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 marched 9 witnesses and also relied on 9 exhibits and 5 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. No defence witness was examined. 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 punishment of life imprisonment, which is the subject matter of challenge before this Court.