D RANGASAMY Vs. STATE

JUDGEMENT

(1.) This appeal challenges the judgment of the Additional Sessions Division, Fast Track Court-Ill, Coimbatore, whereby the sole accused/appellant stood charged, tried and found guilty under Sections 302 and 201 I.P.C. and awarded life imprisonment and two years rigorous imprisonment respectively. The sentences are ordered to run con-currently.

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

(3.) Advancing the argument on behalf of the appellant, the learned counsel would submit that the occurrence has taken place during the night hours on 3.1.2007 and P.W.3 was the only witness examined by the prosecution to prove that the accused strangulated and caused the death of the deceased and took the body of the deceased from his house, but, P.W.3 has turned hostile. Hence, the prosecution has no use of her evidence. Further, the prosecution has no other evidence to offer. The prosecution much relied on the extra judicial confession alleged to have been given by the accused/appellant to P.W.8 Panchayat President at about 8.00 a.m. on the next morning, that was on 4.1.2007. The evidence of P.W.8 would clearly indicate that the accused/appellant should not have appeared before him and gave confessional statement. The Head Constable P.W.13 who was examined by the prosecution would submit that he was present all along with the Inspector of Police nearby the well while the investigation was going on from 8.00 a.m. to 3.00 p.m. Therefore, the statements that the accused gave extra judicial confession to the Panchayat President and the same was recorded by him; that the accused was produced by the Panchayat President before the Investigating officer along with Exhibit P-2 alleged confessional statement, and that the accused was also produced by P.W.8 before the Investigating officer at the place of occurrence are all false story.