VIJENDRAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Dhamapuri, made in S.C.No,24 of 2008 whereby the appellants stood charged, and on trial, found guilty under Sec.302 r/w 34 of IPC and awarded life imprisonment along with a fine of Rs.2000/- and default sentence.

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

(3.) ADDED further the learned Counsel that the medical opinion did not support the prosecution case that it is highly unnatural that both the accused appeared before P.W.8, VAO, and gave extra-judicial confessions that there was no need for them to give so that apart from that, the VAO was an utter stranger that it is highly improbable that both of them appeared before the VAO and gave extra-judicial confessions, and they were produced before the Investigating Officer, and they also gave confessional statements voluntarily pursuant to which they produced weapons of crime that it is very artificial that under the circumstances, the lower Court should have rejected that part of the evidence, and thus the prosecution has miserably failed to prove its case.