P VARATHARAJAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional Sessions Division, Fast Track Court No.II, Kancheepuram made in S.C.No.651 of 2006, whereby the appellant herein shown as A-2 along with three others stood charged under Section 302 r/w S.34 IPC, tried and A-2 alone was found guilty under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.1000/-, in default to undergo 6 months S.I., while A-1, A-3 and A-4 were found not guilty and acquitted of the charge levelled against them.

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

(3.) ADDED further the learned Senior Counsel that even according to the prosecution, the severely injured Gopal was taken to the Government Hospital, Kancheepuram and was admitted by P.W.15, the Doctor and it was P.W.1 who accompanied the severely injured to the hospital and admitted him. Ex.P.10, the accident register, has come into existence at 2.00 a.m., i.e. within an hour from the time of occurrence, wherein it has been clearly stated by P.W.1 that four unknown persons have attacked the deceased and hence P.W.1 could not have been in the place of occurrence at all; that all put together would clearly indicate that the prosecution has miserably failed to prove its case, but the trial court has taken an erroneous view; that the other part of the evidence as to the arrest, confessional statement and the recovery were all creation in order to suit the prosecution case, but in vain; that the same reasons, which are applicable for an order of acquittal of A-1, A-3 and A-4, are equally applicable to A-2/the appellant herein and hence the judgment of the trial court has got to be set aside and the appellant herein is entitled for acquittal in the hands of this court.