JEEVA ALIAS JEEVARATHINAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Court of Sessions made in S. C. No. 372 of 2008 whereby the sole accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with a fine of Rs. 5000/- with default sentence.

(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 would submit, in the instant case, the prosecution has examined three witnesses as eye witnesses and relied on other circumstances but miserably failed to prove its case. P. W. 1 has categorically spoken that the occurrence has taken place not in the shop or front of the shop but it has taken place in front of Vinayaga temple which is situated nearby the place. Thus, P. W. 1 who was in the shop and P. W. 2 tea master could not have seen the occurrence at all. P. W. 3 neighbour is the close associate and also the interested witness. So far as the place of occurrence is concerned, the evidence of the investigator was not consistent to the evidence of P. Ws. 1 to 3. Even the observation mahazar and the rough sketch prepared by the investigating officer was not clear as to the place of occurrence.