LAWS(MAD)-2011-4-53

ELUMALAI Vs. HARI KRISHNAN

Decided On April 12, 2011
ELUMALAI Appellant
V/S
HARI KRISHNAN Respondents

JUDGEMENT

(1.) THIS criminal revision arises out of the judgment of acquittal, dated 27.11.2008 in S.C.No.45 of 2007, on the file of the Assistant Sessions-cum-Chief Judicial Magistrate's Court, Sessions Division, Villupuram, whereby the respondents 1 to 4 were acquitted of the offence under Sections 341 I.P.C., the respondents 2 to 4 were acquitted of the offences under Sections 324, 307 read with 34 I.P.C., the first respondent was acquitted of the offence under Section 307 I.P.C.

(2.) THE case of the prosecution is as follows:

(3.) THE learned counsel for the respondents 1 to 4/accused 1 to 4 submitted that there is a material contradiction between the medical evidence and ocular evidence. THEre is an enmity between P.W.2, P.W.3 and respondents 1 to 4/accused 1 to 4. He further submitted that the powers of revisional Court is very limited. If the finding is perverse, illegal, then only the revisional Court has re-appreciated the evidence. Since the trial Court considered this aspect in proper perspective and came to the correct conclusion, he prayed for dismissal of this revision.