RAJENDRAN Vs. PRABHU AND ORS.

JUDGEMENT

(1.) This Criminal Appeal has been filed by P.W.6 Rajendran, challenging the correctness of the Judgment of acquittal dtd. 6/9/2010, made in S.C.No. 73 of 2010, by the file of the Additional District and Sessions Judge, Fast Track Court No.1, Madurai, acquitting accused Nos.1 to 6/respondents 1 to 6 herein.

(2.) Facts leading to the filing of this Criminal Appeal, relevant for the purpose of disposal of this case, briefly narrated, are as follows:

(3.) Learned counsel appearing for the appellant/P.W.6/father of the deceased, assailing the approach and the findings recorded by the trial Court, heavily contended that it is a clear case of conviction to be awarded against all the accused on the basis of the evidence of P.Ws.2 and 5. But the trial Court completely misreading the evidence of P.Ws.2 and 5 and erroneously gave the benefit of doubt to the accused, as a result, there is miscarriage of justice. He would further submit that P.W.2, who is a friend of the deceased clearly deposed before the trial Court as to how the occurrence has taken place, in which the deceased was indiscriminately cut by the accused A1 to A6/respondents 1 to 6 by travelling in the auto driven by P.W.5.