KARTHIC Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the Judgment of the learned Additional District and Sessions Judge, FTC-2, Coimbatore, made in SC.No.107/2007 whereby the accused/A1 and A2 stood charged, tried and found guilty for the offence u/s.302 and 212 IPC. The first accused/the appellant was awarded with life imprisonment and to pay a fine of Rs.2, 000/- in default to undergo three years rigorous imprisonment for the offence u/s.302 IPC and the second accused was awarded three years rigorous imprisonment and to pay a fine of Rs.1, 000/- in default to undergo six months simple imprisonment for the offence u/s.212 IPC. The above appeal has been preferred by the first accused.

(2.) SHORT facts necessary for the disposal of the appeal can be stated as follows:-

(3.) LEARNED counsel would further contend that according to P.W.1, when he went to his office at 11.00 p.m. on 10.02.2007, he saw the presence of A1 but not the deceased which would indicate that the deceased could not have been present at the place of occurrence. Further, the prosecution relied on the last seen theory through the evidence of P.W.2 as it was stated by P.W.2 that when he along with A2 and one Suresh went to watch film, he saw A1 and the deceased eating food in a hotel at about 10.00 p.m. and A2 invited A1 for the film to which he refused. P.W.2 would further add that the said Suresh received phone call from A1 at about 12.30 night hours, while they were witnessing the film and if that particular part of the deceased was to be relied on by the prosecution, the prosecution should have examined the said Suresh, but for the best reasons known to the prosecution, the Suresh was not examined and the non-examination of Suresh is fatal to the prosecution.