JOSIYAKARA MURUGESAN @ MURUGESAN Vs. STATE REP BY

JUDGEMENT

(1.) Appellant is arrayed as the sole accused, in the case tried in SC.No.218/2014 on the file of the Court of III Additional District and Sessions Judge, Salem, for offences u/s.436, 449, 302 and 506[ii] IPC. The Trial Court, under impugned Judgment dated 15.04.2016, found the appellant / accused guilty of the above said offences and awarded sentence, as follows:- <TAB> <FRM>JUDGEMENT_56_LAWS(MAD)2_2018_1.html</FRM> </TAB>

(2.) The brief facts of the prosecution case, are as follows:- Stab injury present between two nipples size 4x2x13cm.

(3.) Mr.H.Maruthiraj, learned counsel for the appellant would submit that the eyewitnesses, viz., P.Ws.1 to 4, are interested witnesses and are closely related to the deceased and as such, their evidence cannot be relied upon. Admittedly, there was a fire incident near the place of occurrence and hence, the appellant / accused stabbing the deceased at the relevant point of time is highly improbable. Therefore, their evidence cannot be given credence and due weightage and prayed for allowing of this appeal.