MOHAMAD RAFI Vs. JAYAKUMAR

JUDGEMENT

(1.) This private revision is against the order of acquittal passed by the learned I Additional Sessions Judge, Coimbatore, in S. C. No. 85 of 1989, for the offences under Sections 302 read with Sections 34 and 324 Indian Penal Code. The petitioner was PW 1 before the lower Court.

(2.) The prosecution case is as follows : - On the night of 24-6-1988, PW 1, his brother deceased Nazar, PWs 2 to 4 and two other persons, all belonging to Kuniamuthur, had been to see the Second show (night show) film in Aruna Theatre. By about 11.20 p. m., during the interval time, PW 1 and his brother deceased Nazar went to the toilet room situated outside the theatre near the canteen, followed by their other friends at some distance. These two respondents/accused were coming from the opposite side and the first respondent happened to dash against PW 1, on account of which there was wordy quarrel between them. PW 1 slapped the first respondent on his cheeks twice and immediately the first respondent whipped out the knife M. O. 4 from his waist and attempted to stab PW 1. Immediately deceased Nazar intervened and obstructed. The first respondent got enraged at his intervention, stabbed at his right side abdomen and near the arm pit. The second respondent also beat Nazar with his M. O. 5 waist belt. PW 1 attempted to catch the second re spondent and at that time, the first respondent stabbed PW 1 also on his back. Immediately, both the re spondents ran towards the main gate of the theatre and scaling over the wall, they escaped with the knife. PWs 2 to 4 and the watchman of the theatre. PW 5 witness the occurrence. As the condition of Nazar was very serious, immediately, he was taken to Coimbatore Medical College Hospital in an autorickshaw. PW 1 was taken in tempo vehicle to the same hospital. Both of them were admitted in the hospital but by 12.10 a. m. Midnight, Nazar was dead. Message was given to the out post Police Station, who conveyed it to Pothanur Police Station and PW 15, the Sub-Inspector of Police attached to Pothanur Police Station came to the Medical Col lege Hospital on 25-6-1988 at 8.20 a. m. and re corded the statement Ex. P 1 from PW 1 and PW 16, the Inspector of Police, Pothanur, took up the inves tigation. He arrested the respondents on 6-7-1988 and on their confession recovered MO 4 knife and MO 5 belt.

(3.) To prove the prosecution case, 16 witnesses were examined of whom PWs 1 to 5 have spoken about the occurrence and PWs 6 and 7 have stated that they were able to see these respondents when they were running from the scene of occurrence with a knife in the hands of the first respondent. The learned I Additional Sessions Judge, after analysing the evidence of these witnesses, has found that the prosecution has not established the guilt of these respondents beyond reasonable doubt and therefore acquitted them.