THE STATE Vs. S. SUKUMARAN NAIR AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/CBI challenging the judgment of acquittal against the respondents on 25.08.2005 in C.C. No. 83 of 1997 on the file of learned Principal Special Judge for CBI cases, Chennai.

(2.) THE case of the prosecution based on the prosecution witnesses is as follows:

(3.) CHALLENGING the judgment of acquittal passed by the Trial Court, the learned Special Public Prosecutor appearing for the appellant CBI would submit that the Trial Court has not considered the evidence of P.W. 57/Chandrasekaran and P.W. 59/Parameswaran and failed to convict the respondents/A1 and A2 under Section 120 -B IPC. The Trial Court has erroneously disbelieved the evidence of P.W. 57/Chandrasekaran, on the ground that he was arrayed as an accused at the time of registering the FIR, but subsequently dropped at the time of filing the final report. It is not a valid reason for eschewing the evidence of P.W. 57/Chandrasekaran. Further, the evidence of P.W. 57/Chandrasekaran is corroborated by the evidence of P.W. 59/Parameswaran. While so, the Trial Court ought to have held that the accused is guilt under Section 120 -B IPC.