MANICKAM Vs. MADHARSHAH

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Principal Sessions Judge, Madurai Division setting aside the order of acquittal and directing fresh trial in the case.

(2.) THE brief facts which are necessary for the disposal of this petition can be stated as follows:

(3.) THE plea of the accused was that the occurrence did not take place as stated by R1 but only in the manner as spoken to by A5 and in support of the same, they examined D.W.s 1 to 5 and also filed Ex. D1 to Ex.D7. The learned trial Judge, for the reasons stated in his judgment came to the conclusion that the prosecution has not proved the guilt of any of the accused and consequently acquitted them. The case filed against R1 on Police charge sheet on the complaint given by A5 also ended in acquittal on the ground that the injuries on A1 (accused in that case) was not explained. Aggrieved by the acquittal of the accused in the private complaint case, Criminal Revision Petition No. 1 of 1987 was filed before the Principal Sessions Judge, Madurai under Ss. 397, 399 read with Section 401 of the Code of Criminal Procedure. The learned Principal Sessions Judge set aside the order of acquittal and directed fresh enquiry. Aggrieved by the same, this revision is filed.