M SELVARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgement of the learned Principal Sessions Division, Salem, made in S. C. No. 136 of 2002 whereby the sole accused/appellant stood charged tried and found guilty under section 302 IPC and awarded life 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 that the prosecution had no direct evidence to offer. Even the boy who was examined as P. W. 3 has categorically deposed that he did not see the accused at the time of occurrence. After hearing the distress cry, he ran away from the place and no where he has whispered that the accused entered into the house. Hence, the evidence of P. W. 3, though shown by the prosecution as eye witness, it did not serve the purpose. Insofar as P. W. 1 was concerned, he admitted that he left the house at 4. 00 p. m. and returned at 11. 00 p. m. Hence he could not have seen the occurrence at all. Added further learned counsel, even according to P. W. 1, the accused came at 4. 00 a. m. and left the house. Had it been true that accused has done the crime of murder of his daughter he could not have come to the house at 4. 00 a. m. , the next day. Hence, it is the case where the prosecution had no evidence to offer.