SENTHILKUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Poonamallee, made in S. C. No. 503 of 2005 whereby the sole accused/appellant stood charged under Sections 302 (2 counts) and 506 (ii) of IPC, tried, found guilty under Sec. 302 (2 counts) IPC and awarded life imprisonment along with a fine of Rs. 1000/- and default sentence, and he was acquitted of the charge under Sec. 506 (ii) of IPC.

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

(3.) THE case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 14 witnesses and also relied on 20 exhibits and 21 material objects. On completion of evidence on the side of the prosecution, the accused was questioned under Sec. 313 of Cr. P. C. , as to the incriminating circumstances found in the evidence of the prosecution witnesses which he flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side and took the view that the prosecution has proved the case beyond reasonable doubt and hence found him guilty under Sec. 302 (2 counts) IPC and awarded life imprisonment along with fine and default sentence. However, the trial Court has recorded an order of acquittal on the charge under Sec. 506 (ii) IPC as far as P. W. 1 is concerned. Thus, the appeal has arisen at the instance of the appellant.