JAYARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment dated 16.12.2009 passed by the learned Principal District and Sessions Judge, Coimbatore in S.C. No.126 of 2009, whereby the sole accused stood charged, tried and found guilty as per the charge of murder and awarded with life imprisonment and to pay a find of Rs.1,000/- in default to undergo Rigorous Imprisonment for two months.

(2.) THE short facts necessary for the disposal of the appeal can be stated as follows:- (i) P.W.1 is the son of the deceased. P.W.3 is the wife of the deceased. P.W.4 is the daughter of the deceased. P.W.5 is another daughter of the deceased, who was given in marriage to the accused. P.W.1, the deceased along with the members of his family were residing at Anna Nagar, Kannampalaiyam within the jurisdiction of the respondent-police. P.W.5 was married to the accused/appellant and she was ill-treated by the accused since he was entertaining suspicion over the fidelity.

(3.) ADVANCING arguments on behalf of the appellant, learned senior counsel would submit that in the instant case, the prosecution had examined as P.Ws.1, 3 to 8 as eye witnesses, out of whom P.Ws.1, 3 to 5 have turned hostile and the prosecution relied on the evidence of P.Ws.6 to 8. Insofar as the evidence of P.W.8 is concerned, his name was not referred to in Ex.P1 report.