RAJA ALIAS NAGARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court-IV, Coimbatore at Tirupur whereby the sole accused/appellant stood charged, tried and found guilty as per the charge and awarded life imprisonment along with fine of Rs. 1000/-, in default, to undergo six months rigorous imprisonment.

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

(3.) ADVANCING the arguments on behalf of the appellant, the learned counsel, Mr. K. S. Ilangovan, would submit that in the instant case, the prosecution relied on direct evidence of P. Ws. 4 and 5 as eye witnesses. They have claimed that they are close associates of the deceased. Before accepting their evidence it has to be carefully scrutinised since they are interested witnessed. When the evidence of P. Ws. 4 and 5 are looked into, there was lot of discrepancies in major aspects. Their evidence are filled with suspicion and there are reasonable doubts. Hence, their evidence should have been rejected. Further, the investigator has claimed that blood stained stone was also recovered from the place of occurrence. P. W. 8, photographer categorically admitted that when the photographs were taken even in the photographs marked as M. O. 2, the blood stained big stone was not found. Even the investigator has admitted that nearby the dead body, no blood stained stone was found. Under such circumstances, the recovery of the blood stained stone, the weapon of crime, was thoroughly doubtful.