KANNAN ALIAS KITHIYON ALEXANDER Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal under Sec.374(2) of the Code of CRIMINAL Procedure against the judgment of the Principal Sessions Judge, Thiruvallur, made in S.C.No,49 of 2006 dated 22.11.2007.) This appeal challenges a judgment of the Principal Sessions Division, Thiruvallur, made in S.C.No,49 of 2006 whereby the appellant/sole accused stood charged under Sections 498-A and 302 of IPC and on trial, found guilty as per the charges and awarded three years Rigorous Imprisonment along with a fine of Rs.1000/- and default sentence and life imprisonment along with a fine of Rs.1000/- and default sentence respectively.

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

(3.) THE learned Senior Counsel would further add that both the above evidence were actually shaky and should have been rejected outright by the trial Court that as far as the extra-judicial confession was concerned, P.W.8 was the witness examined for that purpose that according to him, he was actually a stranger to the accused that there was no reason why the accused must go and make any confession before him that further the occurrence, according to the prosecution, has taken place on 23.6.2004 but, according to P.W.8, the extra-judicial confession was made on 4.6.2004 that this would belie the evidence of P.W.8 that P.W.8 also added in his evidence that the accused was kept in police custody for a few days that apart from that, when the extra-judicial confession was made, the police was also present and that under the circumstances, the evidence of P.W.8 has to be rejected.