STATE Vs. KALIAPERUMAL

JUDGEMENT

(1.) THIS State appeal challenges the judgment of the learned District Sessions Judge, Nagapattinam made in S. C. No. 262 of 2003, whereby the respondents stood charged as follows:

(2.) THE short factual events necessary for the disposal of this appeal can be stated thus:

(3.) THE case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges, the prosecution examined 23 witnesses and relied on 39 exhibits and 12 M. Os. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr. P. C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. On the side of the defence, two witnesses were examined and 5 documents were marked. The trial court, on hearing the learned counsel on either side and looking into the materials available, has taken a view that the prosecution has not proved the case beyond reasonable doubt and hence it has entered the judgment of acquittal, which is the subject matter of challenge before this Court.