KANNAN Vs. STATE REP. BY

JUDGEMENT

(1.) Appellant is arrayed as the sole accused, in the case tried in SC.No.84/2012 on the file of the Court of III Additional District and Sessions Judge, Coimbatore, for offences u/s.302 IPC. The Trial Court, under impugned Judgment dated 31.07.2012, found the appellant / accused guilty of the above said offence and sentenced him to undergo imprisonment for life and a fine of Rs.1000/- with a default sentence of 6 months rigorous imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/accused.

(2.) The brief facts of the prosecution case, are as follows:- Both orbit and nose found deformed.

(3.) Mr.S.Panneerselvam, learned counsel for the appellant has vehemently contended that the evidence of P.Ws.2 to 5 cannot be given any credence as they have been examined by the police after a period of two months from the date of the alleged occurrence. The evidence of the Investigating Officer clearly show that he has promptly taken steps to identify the deceased by publishing the photographs of the deceased in the newspapers. Despite seeing the photographs, P.Ws.2 to 5, have never whispered anything about seeing the appellant/accused in the vicinity to anyone till they were enquired by the police. Therefore, their evidence cannot be given much weightage. It is the further contention of the learned counsel that the extra-judicial confession said to have been allegedly given by the appellant/accused to P.W.9-Giri, also loses its significance due to passage of time. Further, the said extra-judicial confession is also highly doubtful. Hence, the version of prosecution in this regard is not believable. Merely because a homicidal violence has been established on the dead body of one so-called Murugan, the guilt cannot be inferred as against the appellant/accused and hence, prayed for setting aside the conviction and sentence imposed on the appellant/accused and allowing of the appeal.