LAWS(MAD)-2004-3-368

PR JAYAKUMAR Vs. AMIRTHARAJ AND OTHERS

Decided On March 09, 2004
Pr Jayakumar Appellant
V/S
Amirtharaj And Others Respondents

JUDGEMENT

(1.) THIS revision has been filed against the judgment made in C.A. No.70 of 2001 on the file of the Additional District Sessions Judge, Kanyakumari, reversing the order of the Judicial Magistrate No. 1, Kuzhithurai, made in C.C.No. 33 of 1994, thereby acquitting the respondents 1 to 3 of offences under Sections 148, 447 and 326, IPC.

(2.) THE case is one that arises on a police report and the State having not filed any appeal against acquittal, but it is only a private party which has done so, it may not be necessary for me to go into the facts of the case in detail. In such circumstances, the power of this Court sitting in revisionary jurisdiction is limited only to the extent of seeing whether there is any flagrant violation of law or material evidence having been overlooked, as often said by the Supreme Court.

(3.) IN the light of the above said proposition, it would suffice to state the prosecution case in brief as follows: -