HARIKESAVAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure, 1973 against the judgment of the Principal Sessions Judge, Thiruvallur, made in S.C.No,36/2008 dated 16.9.2008.) Challenge is made to a judgment of the Principal Sessions Division, Thiruvallur, made in S.C.No,36 of 2008 whereby the appellants/A-1 and A-2 stood charged, tried, found guilty under Sections 302 r/w 34 and 392 r/w 397 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence and 7 years Rigorous Imprisonment respectively.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further the learned Counsel that in the instant case, the cell phone was actually recovered from A-2 that according to P.W.2, he has two cellphone numbers namely one Nokia type No,9940659447 and the other Reliance type No,9380669447 that the recovery mahazar was Ex.P10 wherein the number is found as 9944565820 that the evidence would indicate that the said cellphone belonged to P.W.7 that it would clearly indicate that what was recovered was not the cellphone which was owned or retained by the deceased at the time of occurrence, and thus the so-called recovery would be of no significance at all that the prosecution could not establish that what was recovered from A-2 was that of the deceased and that even the time factor as stated above would be of no avail.