S ABBOY NAIDU Vs. R SUNDARARAJAN

JUDGEMENT

(1.) This revision is directed by the complainant P.W. 1 against the order of acquittal passed by the 3rd Additional Assistant Sessions Judge, Coimbatore in a case instituted under Sections 498A and 306, I.P.C. The brief facts which are necessary for the disposal of the Revision can be stated as follows :

(2.) on the side of the prosecution P.Ws. 1 to 13 were examined. Exs. P-I to P-14 and M.Os. 1to 3 were marked. On the side of the accused Exs. D-1 to D-3 were marked.

(3.) After considering the oral and documentary evidence, the learned Additional Assistant Sessions Judge came to the conclusion that the prosecution has not proved the guilt of the accused and acquitted him. The State, second respondent in this revision, has not preferred appeal. P.W. 1, father of the deceased, preferred this revision. The learned counsel appearing for the petitioner, vehemently argued that the reasonings of the Court below in acquitting the first respondent are not convincing and the Court below has not properly applied the provision of law under, Sections 498A and 306, I.P.C. to the facts of the present case. The Court below ought not to have given importance to the minor discrepancies and the Court below failed to see that evidence of P.Ws. 1 and 2, can be considered and accused though they are related the deceased, The Court below ought to have accepted the evidence of P.Ws. 3 and 5 who are the independent witnesses. The Court below failed to see that the accused did not make any attempt to prevent the fire on the deceased and when he went along with P.W. 3 on hearing her noise.