(1.) CHALLENGE is made to a judgment of the Sessions Division, Thiruvallur, made in S.C.No.181 of 2008 whereby the sole accused/appellant stood charged under Sec.302 of IPC, tried, found guilty of murder and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.
(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows:
(3.) ADDED further the learned Counsel that in the instant case, M.Os.1 and 2, according to the Investigator, were recovered consequent upon the confessional statement given by the accused and recorded in the presence of the witnesses that M.O.1 is a knife and M.O.2 is a wooden-log that according to the prosecution, these weapons were actually used by the accused for causing injuries to her but, when the postmortem certificate, Ex.P6, is looked into, it would indicate that the injuries could not have been caused with these weapons that in such circumstances, the prosecution had neither direct evidence nor circumstantial evidence and thus it has miserably failed.