(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Chennai made in S.C.No,221 of 2007 whereby the sole accused/appellant stood charged, tried and found guilty of murder and awarded life imprisonment along with fine of Rs.500/- in default to undergo three months simple imprisonment.
(2.) THE short facts necessary for the disposal of this appeal can be stated as follows.
(3.) ADDED further learned counsel, in the instant case, the prosecution placed before the trial Court another piece of evidence, the so called confession statement given by the accused. Even as per the evidence, the accused was actually available all along. The prosecution has come forward with a false story as if the arrest was made on 21.4.2007 and the accused was sent to the Revenue Inspector who recorded the confessional statement pursuant to which the material objects were recovered and among the material objects, M.O.3 kerchief was actually found with blood stains. If to be so, the said kerchief should have been subjected to chemical analysis but it was not done and no explanation was given by the prosecution. All would go to show that the prosecution miserably failed from any angle but the trial Court has taken an erroneous view and found the accused guilty. Under such circumstances, the accused/appellant is entitled for acquittal in the hands of this Court.