STATE Vs. RAJA ALIAS JACOB

JUDGEMENT

(1.) THE appellants/accused were tried by the learned Additional District Judge, Fast Track Court-II, Kancheepuram, for charges under Sections 341, 302 read with 34 and 201 read with 34 IPC. THE learned trial Judge, finding that the prosecution failed to prove the charges against the accused beyond all reasonable doubts, acquitted them under Section 235(1) Cr.P.C. by giving benefit of doubt. As against the order of acquittal passed by the trial court, the State has preferred the present Criminal Appeal.

(2.) ON 12.10.2003 at 10 P.M., the accused, suspecting the deceased to be a thief came there to commit theft of cattle, questioned him and when he did not answer properly, tied him to a tree with a sari; thereby, the first charge for wrongful restraint under Section 341 IPC. had been framed. In the course of the same transaction, the first accused by kicking with folded knee and pricking with stick, caused injuries on the private part of the deceased and also dashed his head against the tree to which he was tied. The second accused assaulted the deceased with stick on the neck, shoulder and private part. As a result of the same, the deceased sustained bleeding injuries and succumbed to death; thereby both the accused were charged for the offence under Section 302 read with 34 IPC. Further, both the accused, for the purpose of screening the offence, dragged the body of the deceased and left it on the cart track; thereby, charge under Section 201 read with 34 IPC. was framed.

(3.) LEARNED Additional Public Prosecutor appearing on behalf of the State submits that based on the statement of the eye witnesses viz., PWs-2 and 3, and other corroborative materials put forth on the side of the prosecution, the accused would have been convicted; that being so, the reasons assigned by the learned trial Judge for acquitting the accused are unsustainable in law. The evidence of other witnesses viz., PWs-4, 5 and 9, who were residing near the scene of occurrence, has not been properly considered. After the arrest of the accused, recoveries of material objects have been effected at their instance, and the opinion of the post-mortem Doctor is to the effect that the death is due to homicidal violence. According to him, it is a fit case for conviction and the trial court has erroneously acquitted the accused.