A. SATHASIVAM Vs. STATE

JUDGEMENT

(1.) Challenging the judgment of learned Additional District Sessions Judge, Fast Track Court I, Salem, passed in S.C. No. 117 of 2009 on 18.09.2009 acquitting the second respondent/accused, the petitioner, father of the deceased, has filed the present revision.

(2.) The second respondent/accused stood trial for offence under Section 302 IPC. The second respondent/accused and the deceased were relatives. In brief, the prosecution case was that on 27.05.2008, at about 05.00 p.m., owing to previous enmity and dispute over property, the accused assaulted the deceased using a deadly weapon and caused his death while the deceased was attending a temple festival. On the complaint of the petitioner/father of the deceased, a case was registered in Crime No. 151 of 2008 on the file of the first respondent and upon completion of investigation, a charge sheet was filed informing commission of offence u/s. 302 IPC. The case was tried in S.C. No. 117 of 2009 on the file of learned Additional District Sessions Judge, Fast Track Court I, Salem.

(3.) Before the trial Court, the prosecution examined 13 witnesses, marked 15 exhibits and 12 material objects. One witness was examined on behalf of the defence and 3 exhibits were marked. On appreciation of materials before it, the trial Court concluded that the prosecution has failed to prove its case beyond all reasonable doubt and acquitted the accused. Against such finding, the present revision has been filed.