STATE Vs. SIVASANKAR

JUDGEMENT

(1.) THIS appeal is arisen from the judgment of acquittal dated 25.11.2009 passed by the learned Additional Sessions Judge, Krishnagiri in S.C. No.190 of 2006, whereby first and second appellants stood charged for the offences under Sections 148, 307 and 302 of the Indian Penal Code and third and fourth appellants stood charged for the offences under Sections 148, 307 read with 149, 109 and 302 read with 149 of the Indian Penal Code and on trial, the appellants were acquitted of all the charges framed against them.

(2.) THE short facts necessary for the disposal of the case can be stated thus:

(3.) ADVANCING arguments on behalf of the appellant, learned Additional Public Prosecutor would submit that in the instant case, the judgment of the Trial Court was perverse and the Trial Court made an order of acquittal erroneously, while the prosecution has placed necessary and sufficient evidence before the trial Court. In the instant case, the occurrence had taken place at about 7.30 p.m. on 31.12.2004. The occurrence was witnessed by P.Ws.1 and 2. In the same transaction, one Rajamma, mother of P.Ws.1 and 2 died. P.W.1 was not only an eye witness but also an injured witness.