KALARANI Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred by one Kalarani examined as PW1 in S.C.No.170 of 2015 on the file of the I-Additional District and Sessions Judge (PCR), Thanjavur, aggrieved by the acquittal of the accused tried for the offence in connection with homicide death of one Mahadevan.

(2.) The appellant is the sister-in-law of the deceased Mahadevan. The investigation of the crime been set into motion on the complaint given by this appellant. The Thanjavur Town South Police registered a case in Crime No.43 of 2014 on 18/2/2014 at 14.00 hours for offence under Ss. 147, 148, 120(b), 323, 324, 302, 506(ii) r/w 147 IPC and Sec. 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 as against 6 named accused and few others. Based on the final report, laid by the Investigating Officer, the case was committed to the Court of Sessions at Thanjavur as against 11 persons. Specific charges were framed against each of the accused and on their plea of not guilty, they were subjected for trial. To prove the charges 24 witnesses were examined by the prosecution. In support 21 Exhibits and 13 Material Objects were marked. The trial Court on cumulative assessment of the evidence placed before it, held that the prosecution failed to prove the charges beyond reasonable doubt and acquitted all the accused.

(3.) Being aggrieved, the present appeal is filed on the ground that the trial Court failed to lay the evidence on the probability of the accused under proper perspective. Though the evidence of PW1 to PW5 is consistent and corroborative to each other with minor contradictions, which is natural in any case. The trial Court erred in disbelieving their evidence. Thereby the conclusion of the trial Court suffers perversity.