A.T VARGHESE Vs. APPUKUTTAN

JUDGEMENT

(1.) This is an appeal against acquittal. The de facto complainant/victim is the appellant. He expired and his legal heirs are the additional appellants. The respondent was charged with an offence under Ss. 328 and 392 of the Indian Penal Code, 1860 (IPC). After trial, he was acquitted by the Additional Sessions Judge (Adhoc) Fast Track-I, Pathanamthitta as per the judgment dtd. 14/12/2009. MO1 is a gold ingot. The trial court ordered to confiscate the same. Aggrieved by the orders of acquittal and confiscation this appeal has been filed under Sec. 372 of the Code of Criminal Procedure, 1973 (Code).

(2.) Heard the learned counsel for the appellants, the learned counsel for the 1st respondent and the learned Public Prosecutor.

(3.) Two questions require consideration in this appeal are as follows: