A SABIR Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Sessions Division, Nilgiris at Udhagamandalam, in s. C. No. 4 of 2006 whereby the sole accused/appellant stood charged under Sections 342, 376 read with 511, 302 and 201 of IPC. On trial, he was found guilty under Sections 302 and 201 of IPC and awarded life imprisonment along with a fine of Rs. 2000/- and default sentence under Section 302 of IPC. No separate sentence was given under Section 201 of IPC, while he was acquitted of the other two charges.

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

(3.) THE case was committed to Court of session and necessary charges were framed. In order to substantiate the charges, the prosecution examined 20 witnesses and also relied upon 49 exhibits and 12 material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. No defence witness was examined, but, only one document was marked as Ex. D1. After hearing the arguments on either side, the trial Court took the view that the prosecution has proved the case beyond reasonable doubt in respect of the charge of murder and also screening the evidence and hence found them guilty under Sections 302 and 201 of ipc and awarded the punishment as referred to above while it made an order of acquittal in respect of other two charges. Hence this appeal at the instance of the appellant.