STATE Vs. PALANI

JUDGEMENT

(1.) AGGRIEVED over the judgment of the Court of Session, Dharmapuri in Sessions Case No. 109 of 1990, acquitting all the respondents, who are 15 in number, the State has brought forth this appeal. The respondents/accused 1 to 15 stood charged and tried as follows : accused 1 to 15 were charged under Sections 148, 449 and 396 of the Indian Penal Code. Accused 1 was charged under Section 302 of the Indian Penal Code. Accused 2 to 15 were charged under Section 302 read with 149 of the Indian Penal Code. Accused 1 to 3, 6, 7 and 9 were charged under Section 395 read with 397 of the Indian Penal Code. Accused 1 to 3, 5 to 7, 11 and 12 were charged under Section 342 of the Indian Penal Code. Accused 1, 2, 5, 11 and 12 were charged under Section 427 of the Indian Penal Code. Accused 1 to 3, 5 to 7 11, 12 were charged under Section 342 ( 2 counts) of the Indian Penal Code. Accused 1 and 2 were charged under section 324 of the Indian Penal Code. All the accused were acquitted of all the charges levelled against them.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:

(3.) IN order to substantiate the charges levelled against the appellants/accused, the prosecution marched 16 witnesses and relied on 59 exhibits and 44 material objects. On completion of the evidence on the side of the prosecution, all the accused were questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses, and they flatly denied the same as false. No witness was examined on their side. The report of the finger print expert is marked as Ex. D1. After hearing both sides, the trial Court was of the opinion that the prosecution has not proved its case beyond all reasonable doubts and found the accused not guilty and acquitted all of them. Hence, the appeal by the State.