(1.) THIS appeal arises out of the judgment made in S.C.No.113 of 2006 by the District & Sessions Judge, Thiruvannamalai convicting the appellant/ accused for an offence under Section 302 IPC., and sentencing him to undergo life imprisonment and also to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for two years.
(2.) BRIEF facts of the prosecution case are as follows:
(3.) THE learned counsel appearing for the appellant/accused submitted that the learned Sessions Judge erred in believing the evidence of PWs.2,3 and 7 and their presence in the place of occurrence is highly doubtful and further they are related to the deceased. THE learned counsel for the appellant/accused further contended that there is an inordinate delay in lodging the complaint, i.e., the occurrence on 03.10.2002, where as the complaint was lodged on 05.10.2002, the complaint was also received by the Magistrate on 08.10.2002. THE learned counsel for the appellant/accused further contended that there are lot of improvements and discrepancies in the evidence adduced by the above said witnesses.