V KANNAPIRAN Vs. STATE

JUDGEMENT

(1.) This is a petition to expunge the remarks made by the Sessions Judge (Fast Track Court No.1), Madras in paragraph Nos. 19, 20, 21, 22 and 23 of the judgment passed in S.C.No. 594 of 1999.

(2.) The petitioner is the investigating officer in Crime No. 2784 of 1998 of Ayanavaram Police Station and the said crime was registered against the accused under Section 174 Cr.P.C. and later, it was altered to one under Sections 147, 341, 323 and 302 IPC. by the petitioner. After the completion of investigation, the final report was filed against the accused under Sections 147, 323 and 304 Part-II read with 149 IPC. The trial Judge acquitted the accused holding that the prosecution has not succeeded in establishing that the deceased died on account of the injuries, in view of the evidence of the doctor, who conducted autopsy. The trial Judge, while acquitting the accused made certain observations in the paragraphs mentioned above, which are sought to be expunged by petitioner.

(3.) The learned Senior Counsel appearing for the petitioner submits that the observations made by the learned trial Judge are unwarranted and they are not required for arriving at a decision in the case.