A.SHAKEELA Vs. ZAHIR HUSSAIN

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the judgment of acquittal dated 28.04.2008 passed by the learned Additional District and Sessions Judge, Fast Track Court No.I, Madurai.

(2.) The revision petitioner was examined as P.W.3 in the present case and she is the wife of the deceased. The respondents 1 to 4 are arrayed as accused and the fifth respondent-Inspector of Police, Thallakulam Police Station, Madurai, is the complainant, before whom a complaint has been lodged by the defacto complainant.

(3.) Initially, a case in Crime No.100 of 2007 was registered for the offences under Sections 341, 307 r/w 109 IPC. During the pendency of investigation, since the injured died, the fifth respondent police has altered the case into Sections 341, 302 r/w 109 IPC. After such alteration, the fifth respondent police investigated the matter and laid charge sheet before the learned Judicial Magistrate No.2, Madurai. The charge sheet was taken on file and numbered as P.R.C.No.56 of 2007. After completing formalities, since the offences were exclusively triable by the Sessions Judge, the learned Judicial Magistrate No.2, Madurai, has committed the case to the learned Principal District Judge, Madurai. The case was taken on the file of the Sessions Court and numbered as S.C.No.25 of 2008. Thereafter, the same was made over to the file of the Additional District Judge, Fast Track Court No.1, Madurai, for disposal in accordance with law. The learned Additional District Judge, Fast Track Court No.1, Madurai, has framed charges against the accused/respondents 1 to 4 herein for the offences under Sections 341, 302 r/w 109 IPC.