MADURAI: The Madras High Court bench here set aside the life sentence of a Thanjavur-based man accused of murdering his neighbour holding that the trial court had not furnished cogent reasons for convicting him.
The appellant, Durairaj of Malaiyuruppu Puliyampatti Village in Thanjavur, had allegedly hacked to death his neighbour Rajadurai in November 2001.
Based on the case registered by the Thiruvidamaruthur police, a Thanjavur Fast Track Court I sentenced him to life in August 2003.
Hearing the appeal, a bench comprising Justices S Manikumar and V S Ravi said there were various discrepancies in the case. The judges found that the trial court had neglected the evidence of a doctor who treated the victim. The doctor had quoted the victim as having said that he was attacked by five persons. Further, she said, the police had shown a sickle to her on November 7, 2001 and enquired about the nature of injuries sustained by the victim.
However, in contrast, the mahazar (police records on seized items) showed that the weapon itself was recovered based on the confession of the accused only on November 13 that year.
Pointing out these flaws, the court said that the prosecution version was loaded with number of vital contraventions which create number of doubts in the case which cut the prosecution version as to the root of the present case.