THE STATE REP. BY THE INSPECTOR OF POLICE, KARUNGALPALAYAM POLICE STATION, ERODE. (CR.NO. 1013 OF 2008) Vs. THE STATE REP. BY THE INSPECTOR OF POLICE, KARUNGALPALAYAM POLICE STATION, ERODE AND ANOTHER

JUDGEMENT

(1.) The respondent in Criminal A. No. 735 of 2015 and the second respondent in Criminal R. C. No. 1155 of 2010 is one and the same person, who is the sole accused in S.C. No.170 of 2009 on the file of the learned Additional District and Sessions Judge, Fast Track Court-I, Erode. He stood charged for offences under Sections 449, 320 and 380 I.P.C. By judgment dated 19.08.2010, the trial Court acquitted him from all the charges. Aggrieved over the same, challenging the acquittal, the State has come up with Criminal Appeal in Criminal A. No. 735 of 2015 and the husband of the deceased has come up with Criminal Revision in Criminal R. C. No. 1155 of 2010. So far as the criminal revision is concerned, in view of the proviso added to Sec. 372 Crimial P.C. w.e.f. 31.12.2009, this revision filed on 18.11.2010, is not maintainable and therefore the same is dismissed.

(2.) The case of the prosecution in brief is as follows:-

(3.) When the above incriminating materials were put to the accused under Sec. 313 Crimial P.C. he denied the same as false. However, he did not choose to examine any witness nor to mark any document. His defence was a total denial. Having considered all the above, the trial Court acquitted him and therefore the State is before this Court with this appeal.