STATE REP BY INSPECTOR OF POLICE Vs. SATHISKUMAR

JUDGEMENT

(1.) THIS is an appeal against acquittal. The State is the appellant. The respondents herein are the accused in S.C.No.23/2006 on the file of the learned Sessions Judge, Karur. They stood charged for the offence under Section 302 read with Section 34 IPC. The trial court acquitted them by judgment, dated 10.08.2006. The State is aggrieved. That is how the State is before this Court with this appeal.

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

(3.) WHEN the above incriminating evidence were put to the accused under Section 313 Cr.P.C., they denied them as false. On their side, they examined 3 witnesses. D.W.1 is the sister-in-law of the 1st accused and D.W.2 is the wife of the 2nd accused. These two witnesses have stated that in respect of taking water from the Well, there was only a scuffle between the deceased and the 1st accused and he was not at attacked. D.W.3 Dr.R.Vallinayagam is a Forensic Medicine Expert. Second opinion has been obtained from him, by examining him as a defence witnesses to offer his opinion regarding the nature of the injuries found on the deceased and the possible cause for the same. Having considered the above materials, the trial court found the accused not guilty and acquitted them from the charge levelled against them. That is how the State is before this Court with this appeal.