AZHAGU ALIAS AZHAGAR Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Sessions Division, Mahila Court, Cuddalore, made in S. C. No. 8/2007 whereby the sole accused/appellant stood charged under sections 302 and 498 (A) of I. P. C and on trial, found guilty of both the charges and awarded life imprisonment along with fine of Rs. 3000/-, in default, to undergo three months rigorous imprisonment for the first charge and three years rigorous imprisonment along with fine of Rs. 2,000/-, in default, to undergo three months rigorous imprisionment for the second charge.

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

(3.) ADVANCING the arguments on behalf of the appellants, the learned counsel Mr. Philip Ravindran Jesudoss would submit that in the instant case, the prosecution much relied on the evidence of P. W. 1 as an eye witness, but from her evidence, it is quite clear that P. W. 1 could not have seen the occurrence at all. The learned counsel pointing to the evidence of P. W. 1 would submit that she has admitted that, at the time of occurrence, she was sleeping. At the time of R. D. O. enquiry also, she has not whispered that she witnessed the occurrence. Thus, it would go to show that she could not have witnessed the occurrence at all. But the trial Court has accepted her evidence.