JAISANKAR Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Petitioner/Appellant/Sole Accused has focused the present Criminal Revision Petition as against the judgment dated 04.01.2012 in C.A. No. 126 of 2011 passed by the Learned Additional Sessions Judge/Fast Track Court No. II, Tirunelveli, confirming the judgment of conviction dated 24.05.2011 in C.C. No. 11 of 2009 passed by the Learned Judicial Magistrate, Shencottai. The Learned Additional Sessions Judge/Fast Track Court No. II, Tirunelveli, while delivering the judgment in C.A. No. 126 of 2011 on 04.01.2012, has found the Revision Petitioner/Accused guilty under Sections 341, 294(b) and 506(ii) of I.P.C., but, after taking into consideration the nature of the circumstances of the present case and the family circumstances of the Revision Petitioner/Accused and also with a view to provide one opportunity to mend himself, instead of awarding punishment to the proved charges, released him under Section 3 of the Probation of Offenders Act, 1958, after admonishing him and resultantly discharged him from the case.

(2.) According to the Learned counsel for the Petitioner/Appellant, both the Courts below have committed an error in convicting the Petitioner/Accused, when the basic ingredients of Sections 294(b), 341 and 506(ii) of I.P.C. have not been made out.

(3.) It is the submission of the Learned counsel for the Petitioner/Accused that the interested testimonies of P.Ws. 1 and 2 bristles with material contradictions and both the Courts below have not appreciated the evidence let in the case in a proper and real perspective.