PANDIYAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Villupuram made in S.C.No.83/2009 whereby the sole accused /appellant stood charged, tried and found guilty as per the charge of murder and awarded life imprisonment.

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

(3.) LEARNED counsel would further submit that though it was mentioned in Ex.P11 dying declaration that there was an intimation at about 2.34 p.m. to the out-post Police, there was no response from the police. It is the case of the prosecution that P.W.1 went to the respondent Police Station and gave Ex.P9 report at 9.30 p.m. Thus, all would go to show that the document Ex.P11 cannot be given much weight at all. Further, it is reiterated that insofar as the evidence of P.W.1 is concerned, he has turned hostile. Hence, it is not useful to the prosecution case. The contents of Ex.P9 was not proved. Under such circumstances, in the absence of any direct evidence and since the circumstances placed before the Court was not proved, the trial Court should have acquitted the accused but has erroneously found the accused guilty. Under such circumstances, the judgment of the trial Court has got to be set aside and the accused has got to be acquitted.