R KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional District and Sessions Division, Fast Track Court-I, Chengalpattu made in S. C. No. 253/2008 whereby the sole accused/appellant who stood charged, tried and found guilty of murder was awarded life imprisonment along with fine of Rs. 1000/- in default to undergo one month rigorous imprisonment.

(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 relied on P. Ws. 2 and 3 as eye witnesses. The occurrence has taken place at midnight i. e. , at about 12 to 12. 30 hours. There was no light available in the public road, but the occurrence according to P. Ws. 2 and 3 have taken place in front of the house of the accused where they witnessed the accused attacking the deceased with cricket stump. Therefore in such a darkness, they could not have seen the occurrence at all. Added further learned counsel, the house of P. W. 1 is situated away from the house of the accused and thus, the evidence of P. W. 1 stating that the accused came to his house and knocked the door and when he opened the door, he found the accused with blood injuries and took him to the hospital, were all nothing but subsequently introduced in order to foist a case against the appellant/accused. Once the ocular testimony projected by the prosecution through P. Ws. 2 and 3 was unacceptable, then, the medical opinion canvassed would be of no avail to the prosecution case. The alleged confessional statement and the recovery of M. O. 2, cricket stump were subsequently introduced in order to strengthen the prosecution if possible but in vain. The learned counsel would further submit that the prosecution has miserably failed to prove the case in any manner known to law.