(1.) This Criminal Revision Petition has been filed to set aside the Judgment in C.A. No.15 of 2018, on the file of Principal District and Sessions Court, Ramanathapuram, dtd. 6/9/2018 confirming the Judgment passed in S.C. No.20 of 2014, on the file of Assistant Sessions Judge/Chief Judicial Magistrate Court, Ramanathapuram, dtd. 28/11/2018.
(2.) The Prosecution case is that due to enmity between First Accused and the De facto Complainant, A1 engaged A2 to A4 to kill the De facto Complainant. On 24/3/2008, A1 along with other Accused entered into a conspiracy to murder the De facto Complainant by pouring Acid and the First Accused agreed to pay Rs.10,000.00 to A2 & A4 and thereby A1 paid a sum of Rs.5,000.00 to A2 to A4 as Advance. In pursuance to the conspiracy, A2 & A3 on 25/3/2008, at about 10 p.m., came to the office of the De facto Complainant in a Motorcycle bearing Registration No.TN-39-AL-7558. When A2 & A3 were taking about the business, A1 suddenly came there and plucked a bottle from A3 and poured the Acid and thereby the Victim/De facto Complainant sustained injuries and then the Victim was taken to Hospital and Police obtained a Complaint, Ex.P1 from the Victim. Based on the Complaint, statement of Victim, PW10 has registered FIR, Ex.P10 and then the case was investigated by PW12 and further investigation was done by PW13 and they filed Final Report. Thereafter, the records relied on by the prosecution were furnished to the Accused under Sec. 207, Cr.P.C. and then the case was committed to Principal District Court, Ramnad and the case was made over to Assistant Sessions Court/Chief Judicial Magistrate Court, Ramnad. The Chief Judicial Magistrate Court, Ramnad has framed the Charges under Ss. 326, 307, 120-B of IPC as against A1 & A3, Charges under Sec. 326 r/w 34, 307 r/w 34, 120-B, IPC were framed as against A2. The Charges were read over and explained to the Accused and they denied the Charges and then the Trial Court examined the Witnesses PW1 to PW13 and marked Ex.P1 to Ex.P19 and MO1 to MO5. After completion of Prosecution Witnesses, the Accused were examined under Sec. 313(1)(b) of Cr.P.C. with regard to the incriminating evidences as against the Accused and they denied the same. After analysing the evidence adduced on either side, the Trial Court has found guilty.
(3.) The Trial Court in S.C. No.20 of 2014 convicted the Petitioner under Sec. 326, IPC and imposed a punishment of Rigorous Imprisonment for a period of one year and to pay a Fine of Rs.25,000.00 and in default, to undergo SI for 3 months. However, the Petitioner was acquitted for the offence under Ss. 120-B, 307, 34 of I.P.C. The other Accused were also acquitted from all the Charges levelled against them. Aggrieved by the said Judgment, the First Accused has preferred an Appeal before the Principal District and Sessions Court, Ramanathapuram in Crl.A. No.15 of 2018 and the same was also dismissed by the Appellate-Court, confirming the Judgment, dtd. 6/9/2018. Aggrieved by the said Judgment passed by the learned Principal District and Sessions Judge, Ramanathapuram, the Petitioner has preferred the present Revision before this Court on the following grounds: