STATE Vs. ISMAIL

JUDGEMENT

(1.) THIS is an appeal, brought forth by the State, aggrieved over the judgment, made by the Additional Sessions Court, Vellore, in S. C. No. 82 of 1996, acquitting the first respondent herein from the charges levelled against him under Sec. 302 read with 34, 109 and 379 of I. P. C. and also acquitting the second respondent herein from the charges levelled against him under Sec. 302 and 379 of I. P. C.

(2.) THE short facts necessary for the disposal of this criminal appeal, are as follows:

(3.) IN order to establish the charges levelled against the accused, the prosecution marched 19 witnesses and relied on 29 exhibits and 18 material objects. On completion of the evidence on the side of the prosecution, both the accused were questioned under Sec. 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused denied them as false. No defence witnesses were examined, and no exhibits were also marked on their side. After hearing both sides, the lower Court took the view that the prosecution has not proved its case and thus, passed a judgment of acquittal, which is the subject matter of challenge before this Court.