LAWS(MAD)-2007-9-146

CHINNADURAI Vs. STATE

Decided On September 28, 2007
CHINNADURAI Appellant
V/S
STATE, REP. BY SUB-INSPECTOR OF POLICE ARNI RURAL POLICE STATION, ARNI, TIRUVANNAMALAI DISTRICT Respondents

JUDGEMENT

(1.) THIS Criminal Revision has been preferred against the judgment of acquittal, dated 2/5/2005, recorded by the Judicial Magistrate, Arni in C. C. No. 350 of 2002, on the file of the said court.

(2.) ON the complaint given by P. W. 1, the case was registered against the respondent / accused under Sections 147, 148, 324, 323, 294 (B) and 506 (2) r/w 149 IPC. As per the prosecution case, on 21/1/2002, at about 7 a. m. due to a civil dispute the respondents 2, 7 to 9 came to the place of occurrence, where there was a wordy quarrel between A1 and P. W. 1, due to which A1 attacked P. W. 1 on his left cheek. It is not in dispute that there was a case and counter between the respondents 1 to 10 herein and the injured prosecution witnesses.

(3.) THE trial court considering the contradictory version of P. W. 1 and other alleged eye witnesses, has recorded acquittal. It is not in dispute that counter case filed against the said prosecution witnesses was ended in acquittal. As per the evidence of P. W. 1, he was attacked on his left cheek and also caused injury on his head by knife and stick. However, it is seen that no such weapon was recovered and marked as material object in this case by the prosecution.