STATE Vs. SHANKAR ALIAS SHIVASANKAR

JUDGEMENT

(1.) THE appellant, sole accused in the case, was in love with P.W.2 who was working as an Accountant in the shop of P.W.1, alleged to have visited her at his shop for meeting her on 2.7.2004 at 8.00 pm., that the deceased who is also an employee in the shop of P.W.1 alleged to have questioned the conduct of the appellant and under such circumstances there was a wordy quarrel between the accused and the deceased and the accused is alleged to have slapped at the deceased on his right cheek and in pursuance of which, the deceased fell down and sustained injury on his head. THE deceased was admitted in the Hospital and ten days later, succumbed to the injuries, thereby charges were framed against the accused under Sections 452 and 302 IPC. When the accused was initially questioned after framing of the charges, it was denied by him and therefore, the trial of the case was taken up.

(2.) THE prosecution to substantiate its case, examined P.Ws 1 to 14 and marked Exs.P.1 to P.18, besides marking Material Objects 1 to 3. Two Exhibits, viz., Exs.D.1 and D.2 were marked and no witnesses were examined on the defence side. THE learned Trial Judge, on conclusion of the trial, acquitted the accused. Aggrieved against the judgment of acquittal passed by the learned Trial Judge, the present Appeal has been preferred by the State.

(3.) P.W.10 has been examined to substantiate that on 2.7.2004, there was electric light at the scene of occurrence. Ex.P.9 is the certificate issued by the Junior Engineer, TNEB, Arumbakkam, to that effect. It is the evidence of P.W.9 that initially, the deceased was brought to the Hospital and since the deceased was unconscious, Ambulance was arranged and thereby he was subsequently admitted in the Apollo Hospital. P.W.12, Head Constable, on receipt of the First Information Report given by P.W.13, despatched the same to the Court as well as the Superior Officer.