KITHERIAN Vs. STATE

JUDGEMENT

(1.) Kitherian, the appellant herein, challenging the conviction under S. 302, IPC and the sentence of life imprisonment imposed upon him in SC No. 214/87 on the file of the I Addl. Sessions Judge, Thirunelveli, has filed this appeal.

(2.) Originally, the appellant (A1) and Moses Maskaranas (A2) were charged and tried for the murder of one Jesu Antony. The trial Court acquitted A2 and convicted the appellant alone. The skeleton which is required for the disposal of this appeal could be summarised as follows :-

(3.) Mr. I. Subramanian, the learned counsel appearing for the appellant, would take pains and effectively submit, by taking us through the entire evidence, that the prosecution case ought not to have been accepted, since it suffers from innumerable improbabilities, that the conduct of the witnesses in not reporting to the Village Administrative Officer or to the police, though they were nearby, would cause dent on the credibility of the ocular evidence and that the possibility of false case being foisted in the light of the admitted position that there were two factions to which both the prosecution party and the accused party belong cannot be ruled out.