STATE Vs. JAYASEELAN

JUDGEMENT

(1.) THE State is before this Court challenging the correctness of the judgment dated 25.8.92 in S.C. No. 84/92 on the file of the Court of Sessions at Madurai acquitting the first accused in that sessions case in respect of the offence punishable under Section 302 read with Section 34 I.P.C. In fact, two accused were tried in that sessions case (A1 is the son of A2) A2 was also acquitted. The State had filed the appeal questioning the acquittal of both the accused. But however when leave was granted by this Court to the State, leave was restricted by order dated 10.02.94 only with reference to A1. Therefore we are now called upon to decide in this appeal the correctness of the judgment under challenge so far as it relates to the acquittal of A1 alone. Heard the learned Counsel on either side.

(2.) THE prosecution case, in short, is as follows:

(3.) WHAT are the powers of the appellate court while hearing an appeal against acquittal, are too well defined by a catena of judgments of the Apex Court as well as this Court. Once again, to refresh, our memory, we reiterate the powers of the appellate court while hearing an appeal against acquittal and they are as follows: