SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the District and Sessions Judge, Tiruvannamalai made in S.C.NO.39 of 2006 whereby the appellant herein was ranked as A2, stood charged along with two other accused who are shown as A1 and A3 and on trial A1 was found guilty under Section 302 IPC and appellant/A2 was found guilty under Section 302 read with 34 IPC and sentencing them to undergo life imprisonment and to pay a fine of Rs.20,000/- in default to undergo three years R.I. The trial court made an order of acquittal for A3.

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

(3.) IN order to substantiate the above charges, the prosecution had no direct evidence to offer. The prosecution relied on the evidence of Pws.4 and 5 in order to speak the last seen theory. But, both the witnesses have turned hostile. The prosecution had also relied on the the medical evidence before the trial Court. The medical opinion would clearly indicate that the death was caused only because of the dashing of the stones and the lower court not believed the evidence put forth by the prosecution insofar as A3 was concerned.