S CHITRARASAN Vs. STATE

JUDGEMENT

(1.) THE revision petitioner has come forward with this revision seeking for the relief of quashing the order of acquittal insofar as the observation of benefit of doubt made by the learned Judicial Magistrate, Neyveli, in the order dated 06.02.2009 in C.C. No.251 of 2008 and to term it as one of honourable acquittal.

(2.) MR. V. Madhavan, learned counsel for the petitioner, would submit that the revision petitioner has been arrayed as A1 out of seven accused and the he has been implicated in this case for the alleged offences under Sections 147, 148, 294 and 323 IPC and after facing the trial, the revision petitioner and all the other accused have been acquitted by the learned Magistrate by order dated 06.02.2009. The learned counsel for the petitioner would submit that four witnesses/P.Ws.1 to 4 have been examined by the prosecution to substantiate its case including the investigating officer/P.W.4 and all the three witnesses/P.Ws. 1 to 3 have not implicated the accused during the course of their examination before the trial court. It is contended that the learned Magistrate has specifically held that there is no evidence available on record to come to the conclusion that the accused are guilty. It is contended that though P.Ws.1 to 3 have been treated as hostile, the learned Magistrate apart from giving the above said specific finding has clearly held that the revision petitioner and the other accused cannot be found guilty merely on the basis of the evidence adduced through the investigating officer/P.W.4. It is also contended by the learned counsel for the petitioner that the trial Magistrate has held ultimately that the prosecution failed to prove its case beyond reasonable doubt and therefore, it is contended that the judgment of acquittal passed by the learned Magistrate has to be construed to be as an honourable acquittal.

(3.) THE crux of the question involved in this matter is that whether the order of acquittal passed by the learned Magistrate is one of honourable acquittal or the acquittal by giving benefit of doubt.