KABALI Vs. KRISHNAMOORTHY

JUDGEMENT

(1.) THE revision petitioner, who is the prosecution witness No.1 in C.C. 2298 of 1995 on the file of II Metropolitan Magistrate Court, Egmore, Madras has preferred the revision petition aggrieved over the judgment of acquittal of respondents 1 to 4 for the offences under Secs.342, 348, read with 34, 384 read with 109 and 304-A, I.P.C.

(2.) THE case in brief for disposal of the revision petition is as follows: P.W.1. Kabali is an autorickshaw driver by profession and P.W.2 Valli is his wife. THE deceased Sathish Kumar aged about 13 years is their son. THE deceased was working in a tailoring shop run by P.W.5 Vijayakumar. P.W.3 Muthukrishnan is the Manager of the fancy shop situated at Luz garden, Mylapore. On 8.6.1994. P.W.3 gave a complaint to the Mylapore Police Station stating that a boy aged about 13 or 14 years has committed theft of watches from his shop. THE first respondent was then working as Inspector of Police and he received the complaint from P.W.3 and made an endorsement directing P.W.26, Selvaraj, Sub Inspector of Police to register a case and accordingly, it was registered in Crime No. 1253 of 1994 for an alleged offence under Sec. 380, I.P.C. P.W.3 was able to trace out the boy Sathish Kumar, the alleged culprit and he took him and handed over to Mylapore Police Station.

(3.) THE prosecution examined P.Ws.1 to 32 and marked Exs.P-1 to P-21. On the side of the defence no witness was examined and they denied the occurrence. On conclusion of the trial, the trial Court acquitted respondents 1 to 4 holding that the prosecution has failed to establish the case against them and aggrieved against this. P.W.1 has come forward with the present revision petition.