MURUGAN Vs. STATE

JUDGEMENT

(1.) Appellant is arrayed as the sole accused, in the case tried in SC. No. 1/2015 on the file of the Court of the Sessions Judge, Mahalir Court, Erode, for offence under section 302 IPC. The Trial Court, under impugned Judgment dated 21.11.2016, 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 2 years 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:-

(3.) The learned counsel for the appellant contended that the Trial Court merely drawing presumption, has found the appellant/accused guilty under section 302 IPC The alleged extra-judicial confession given by the appellant/accused to P.W.4 is highly unreliable and creates serious doubt about the accused voluntariness. The evidence of P.Ws. 5 and 6 is also highly unbelievable and unreliable and cannot be given any credence of importance. The evidence of P.W.11- Judicial Magistrate, who recorded the statement of the appellant/accused under section 164 Cr.P.C., clearly show that the appellant/accused was pressurized and was beaten to give such a statement. Therefore, the extra-judicial confession said to have been recorded by P.W.4 is highly doubtful. It is his further submission that the conviction recorded by the Trial Court is based on any legal evidence and the circumstances relied upon by the prosecution has been established and hence, prayed for allowing of this appeal.