(1.) Challenge in this appeal is to the judgment of the learned Single Judge of the Madras High Court setting aside the judgment of acquittal recorded by learned Principal Assistant Sessions Judge, Tirunelveli. The appellant faced trial along with one Velliah for alleged commission of offences punishable under Section 307 and 307 read with Section 109 of the Indian Penal Code, 1860 (in short 'IPC'). Though the trial Court found that the prosecution has not established the case, in appeal filed by the State it was held by the High Court that the prosecution established the accusations against the appellants. But the acquittal so far as the Velliah A3 is concerned, the High Court confirmed the acquittal.
(2.) Background facts in a nutshell are as follows :
(3.) After completion of investigation charge sheet was filed and the accused persons faced trial as they denied the accusations. Nine witnesses were examined to further the prosecution version. Trial court found the evidence of prosecution witnesses to be not cogent and credible and accordingly directed acquittal. State preferred appeal against acquittal. High Court found that the reasoning indicated by the Trial Court to direct the acquittal cannot be maintained. It is to be noted that the acquittal was directed by the Trial Court, inter alia, on the following grounds :
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