R. PRAVINKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner/A1 has focussed the instant Criminal Revision Petition as against the Judgment dated 15.10.2012 in C.C.No.12 of 2011 passed by the Learned District Munsif cum Judicial Magistrate, Eraniel. Further, the Petitioner/A1 has sought the relief of 'Honourable Acquittal' from this Court instead of the Acquittal on 'Benefit of Doubt' granted to him by the trial Court in the criminal case.

(2.) THE Learned Judicial Magistrate, Eraniel, while passing the judgment in C.C.No.12 of 2011, on 15.10.2012, has inter alia observed that the witnesses P.Ws.1 and 2 have not deposed in favour of the prosecution side and also that P.W.1 has turned hostile and also that based on P.W.3 Head Constable's evidence alone, it cannot be concluded that the occurrence has taken place and ultimately held that the charges levelled against A1 and A2 have not been proved beyond reasonable doubt by the prosecution based on evidence and documents and ultimately granted 'Benefit of Doubt' to them and acquitted them under Section 248(1) of Cr.P.C., holding that the offences alleged against the Petitioner/A1(about whom we are concerned in this Revision Petition) under Sections 341, 324 and 506(i) of I.P.C. has not been established and also that the offences under Sections 341, 323 and 506(i) I.P.C. in respect of the second Petitioner is concerned have not been established.

(3.) IN this connection, this Court aptly points out the decision of the Honourable Supreme Court in Commissioner of Police and Others Vs. Sandeep Kumar reported in(2011) 4 Supreme Court Cases 644 at 645 to 647, whereby and whereunder, in paragraph Nos.9 to 12, it is held as follows: