K. PECHIMUTHU Vs. STATE AND OTHER

JUDGEMENT

(1.) The sole accused / 2nd respondent herein, in SC.NO.49/2014 on the file of the learned Sessions Judge, Fast Track Mahila Court, Erode, stood charged and tried for the offence u/s.302 IPC and the Trial Court, under judgment dated 14.12.2017, based on the evidence and materials, acquitted the accused on the ground that the circumstances relied upon by the prosecution, has not been established. Aggrieved over the said acquittal, the present appeal came to be filed by the defacto complainant-P.W.1 [father of the deceased].

(2.) Be that as it may, the facts leading to the filing of this appeal, briefly narrated and are necessary for the disposal of this criminal appeal, are as follows:-

(3.) The only contention of the learned counsel for the appellant is that the Trial Court has disbelieved the extra-judicial confession said to have been given by the accused to P.W.4 and the evidence of the witnesses who have seen the accused and deceased together lastly. It is his further contention that the said extra-judicial confession and the evidence of the last seen theory witnesses are believable and does not suffer from any infirmities and hence, prayed for allowing of the appeal, by reversing the judgment of the Trial Court.