MUTHUVEDI Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374(2) Cr. P. C. against the judgment of the learned Principal Sessions Judge, Dharmapuri at Krishnagiri made in S. C. No. 259 of 2006 dated 15. 2. 2008. Challenge is made to the judgment of the Principal Sessions Judge, Dharmapuri at Krishnagiri made in S. C. No. 259 of 2006, whereby the sole accused/appellant stood charged tried and found guilty under Section 302 IPC and awarded life imprisonment and to pay a fine of Rs. 1000/-, in default to undergo two years R. I. , The short facts necessary for the disposal of this appeal can be stated as follows:

(2.) THE case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined 12 witnesses and also relied on 23 exhibits and 9 M. Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr. P. C. as to the incriminating circumstances found in the evidence of prosecution witnesses. THE accused flatly denied the same as false. No defence witness was examined. THE trial court, after hearing the arguments advanced and scrutinizing the materials available, took the view that the prosecution has proved the case beyond reasonable doubt and found the accused guilty and awarded punishment as referred to above. Hence this appeal has arisen at the instance of the accused/appellant herein.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.