MARAPPA GOUNDER Vs. VENKATACHALAM

JUDGEMENT

(1.) THIS is an unfortunate case wherein the truth has been the casualty resulting in flagrant miscarriage of justice on account of the collousness and supine indifference shown by all those who are vested with the task of implementation of law and administration of justice.

(2.) ON a complaint, Exhibit P-1 preferred by the appellant (P.W. 1) before the Tharamangalam police, a case was registered in Crime No. 108 of 1979 of the said station against the accused (respondent 1) for an offence punishable under section 326, Indian Penal Code, on the accusation that on 31st March, 1979, at about 11 a.m., at Pavala Thanur, he caused grievous hurt to the appellant by splashing acid on his face, as a result of which P.W. 1, sustained extensive injuries all over his face in patches, chest, back of the chest, right thigh and left thigh, as detailed in the wound certificate, Exhibit P-3 issued by P.W. 6, the Medical Officer attached to the Government Hospital, Salem.

(3.) MR. Muniratnam, learned Counsel appearing on behalf of the revision petitioner, forcibly contends that as the appellate Court has overlooked certain material pieces of evidence adduced by the prosecution, grave injustice has resulted. According to him, the lower appellate Court, in the interests of justice, should have examined the investigating officer to obviate the grievance of the accused and confirmed the. conviction or at any rate, having regard to the nature of the offence and its gravity, ordered a fresh trial by the trial Magistrate.