LAWS(MAD)-2015-2-226

CHELLADURAI Vs. STATE AND ORS.

Decided On February 27, 2015
CHELLADURAI Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) THE revision petitioner is P.W.1/de facto complainant in S.C. No.91 of 2006, on the file of the Court of Second Additional Sessions Judge, Tirunelveli and on the basis of his complaint, the first respondent herein filed the charge sheet in P.R.C. No.89 of 2006, on the file of the Court of Judicial Magistrate, Tenkasi, which, on committal, became Sessions Case No. 91 of 2006. The Trial Court has framed charges under Sections 341, 294(b) of Indian Penal Code and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and after full -fledged trial, the second respondent/sole accused was acquitted, vide impugned judgment dated 24.03.2008 and challenging the order of acquittal, the present revision is filed.

(2.) THE facts leading to the filing of the revision read as follows:

(3.) INSOFAR as the testimonies of P.Ws.2 and 3 are concerned, it is the submission of the learned counsel appearing for the revision petitioners that their testimonies corroborate with each other and also with P.W.1 on material particulars and inconsistencies, if any, may be on account of the fact that they have been examined long after the date of the occurrence and would further add that the representation submitted by the wife of the second respondent/accused is nothing to do with the evidence given by P.W.2 and citing the said grounds, prays for setting aside the impugned order of acquittal and remanding the matter to the Trial Court for de novo trial.