STATE Vs. MARIMUTHU

JUDGEMENT

(1.) State has preferred this appeal against the judgment of learned Sessions Judge [Bomb Blast Cases], Coimbatore, passed in S.C.No.204 of 2009 on 02.06.2010, acquitting respondents 1 and 2 of offences u/s.302 IPC and third respondent of offence u/s.302 r/w.34 IPC.

(2.) The case of the prosecution is that respondents, due to previous enmity, with an intention to murder the deceased, assaulted him indiscriminately using a knife and wooden log and caused his death on 18.01.2009 at about 05.30 p.m. PW-1/father of the deceased, preferred a complaint before PW-12, Head Constable, Pothanur Police Station, who registered a case in Crime No.61 of 2009 for offence u/s.302 IPC. Upon completion of investigation and filing of charge sheet informing commission of offences u/s.302 and 302 r/w 34 IPC, the case, upon committal was tried in S.C.No.204 of 2009 on the file of learned Sessions Judge [Bomb Blast Cases], Coimbatore.

(3.) To substantiate its case, the prosecution examined PWs.1 to 16, marked Exs.P1 to P17 and MOs.1 to 13. None were examined on behalf of respondents nor were any exhibits marked. On questioning u/s.313 Cr.P.C., the accused denied the charges. Learned trial Judge, on appreciation of the evidence adduced by the prosecution, held that the prosecution has failed to establish its case beyond reasonable doubt and rendered a finding of acquittal. Hence, the present appeal by the State.