STATE OF INSPECTOR OF POLICE Vs. N RAJAMANICKAM

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Leave granted in S.L.P.(Crl.) No. 1636 of 2002.

(3.) Criminal Appeal No. 668 of 2002 has been filed by the State questioning correctness of the judgment of a learned Single Judge of the Madras High Court. The appeal filed by the respondents (hereinafter referred to as the accused) was allowed while the criminal revision petition filed by PW-1, the brother of the deceased was dismissed by the impugned judgment. Originally, 16 persons were named in the charge-sheet. Out of them, one had died and one was absconding. The rest 14 persons faced trial. The Trial Court convicted 6 out of them who had faced trial. Those six persons preferred the criminal appeal while the informant filed the revision petition questioning the acquittal of rest of the accused persons. The High Court found that there were certain vital factors which rendered the prosecution version improbable. Some of the factors noted are the delayed despatch and receipt of the FIR and connected documents in the court of Magistrate. The non-explanation of injuries on some of the accused persons was held to be of consequence. It was held that there was a clash amongst the members of complainant party and the accused persons over political factors. The High Court noted that there was no explanation offered for the delayed receipt of the FIR and connected documents, Exhs. P-1 and P-22. Added to that, the High Court found that the evidence of PW-1 lacked credibility and cogency. With these observations, the High Court allowed the appeal filed by the convicted accused persons and dismissed the revision petition filed by the informant.