STATE BY INSPECTOR OF POLICE Vs. PERIYASAMY

JUDGEMENT

(1.) THIS is an appeal against acquittal filed by the State. The respondents are the accused in S.C.No.53 of 2002 on the file of the learned Additional District Judge cum Chief Judicial Magistrate, Karur. The first accused stood charged for the offence under Section 302 IPC and the second accused stood charged for the offence under Section 302 r/w 34 IPC. By judgment, dated 27.11.2002, the trial Court acquitted the accused from the charges. Challenging the same, the State is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows:-

(3.) IN order to prove the charges before the trial Court, on the side of the prosecution, as many as 13 witnesses were examined and 25 documents were exhibited besides 9 material objects. PW1 is the brother of one Vasantha. Vasantha is the daughter-in-law of the deceased. According to PW1, on 29.04.2001, at about 08.00 a.m. he received a phone messaged from Vasantha that Papayee ammal was found dead in front of her house. He immediately rushed to the house of the deceased and found the dead body in front of the house of the deceased. He has also vividly spoken to about the pathway dispute between the first accused and the deceased. Then, he proceeded to the police station and made a complaint (Ex.P1).