PRAKASH Vs. STATE REP BY, INSPECTOR OF POLICE

JUDGEMENT

(1.) Appellant is arrayed as A-1 out of three accused in the case in SC.No.175/2014 on the file of the Court of the learned Sessions Judge, Mahalir Needhimandram, [Mahila Court], Coimbatore. Originally, the Trial Court framed charges against A-1 for the offences u/s.302 and 201 read with 511 IPC and u/s.201 r/w 511 IPC as against A-2 and A-3. The Trial Court, under impugned Judgment dated 27.04.2017, acquitted A-1 to A-3 from the charge u/s.201 read with 511 IPC holding that the prosecution has failed to prove the charge beyond all reasonable doubt and however, convicted A-1 u/s.302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs.5000/- with a default sentence of 3 months rigorous imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/A-1.

(2.) The brief facts of the prosecution case, are as follows:-

(3.) Mr.P.V.Selvarajan, learned counsel representing Mr.C.Deivasigamani, learned counsel for the appellant submitted tht the entire case rests upon the circumstantial evidence and the circumstances relied upon by the prosecution are highly doubtful and are not proved beyond all reasonable doubt. The motive aspect has not been established and the Door number of the house where the dead body was found, itself is doubtful and the last seen theory projected by the prosecution is also unreliable and the identification of the deceased has also not been established scientifically. Hence, the learned counsel for the appellant submitted that the appellant/A-1 is entitled to benefit of doubt and hence, prays for allowing of the appeal. In support of his contention, learned counsel placed reliance on the judgment [Bakshish Singh Vs. The State of Punjab, (1971) AIR SC 2016].