STATE Vs. NATARAJAN

JUDGEMENT

(1.) THIS appeal is preferred by the State challenging the Judgment of acquittal dated 10.06.2004 passed by the learned Principal Sessions Judge, Vellore, Vellore District, in Special S.C.No.5 of 2003 acquitting the sole accused, Natarajan, for the alleged offence under Sections 324 IPC (two counts), 302 I.P.C. and under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "the SC/ST Act").

(2.) THE brief facts of the case, as projected by the prosecution, are as follows:

(3.) WHEN the accused was questioned under Section 313 Cr.P.C., in respect of the incriminating materials appearing against him through the evidence adduced by the prosecution witnesses, the accused has come forward with the version of total denial. The accused has chosen to examine one defence witness, namely, D.W.1, Dr.Ramesh. It is stated by D.W.1 that on 22.10.2002 at about 7.00 p.m., the accused came with his daughter for treatment and after taking treatment the accused left out of the clinic and thereafter, he heard some noise and came out from the clinic and found 40 -50 persons gathered there and the accused ran away from there along with his child.