SRINIVASAN Vs. STATE

JUDGEMENT

(1.) Appellant is arrayed as A1 out of 2 accused in the case in SC.No.234/2016 on the file of the Court of the Principal District and Sessions Judge, Krishnagiri. Originally, A1 to A3 stood charged and tried for the offence under section 302 read with 34 IPC. The Trial Court, under judgment 07.08.2017, having found that the prosecution has not proved the guilt of A2 and A3 and acquitted them, awarding benefit of doubt. However, it found A1 guilty of the offence under section 302 IPC and convicted him for the said offence and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 50,000/- with a default sentence of two years rigorous imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/A1.

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

(3.) The learned counsel for the appellant submitted that absolutely there is no evidence as against the appellant/A-1 and the eyewitnesses have identified the appellant/A-1. In the absence of any evidence, though the Trial Court had acquitted A-2 and A3, merely based on inference, the Trial Court found the appellant/A-1 guilty and hence, prayed for acquittal and allowing of the appeal.