STATE REP BY Vs. KASTURI

JUDGEMENT

(1.) The instant appeal is preferred by the State of Tamil Nadu through the Deputy Superintendent of Police, Madhavaram Sub-division as against the judgment of acquittal passed in Sessions Case No.126 of 2006 on the file of the Additional District and Sessions Judge (Fast Tract Court No.IV), Ponneri.

(2.) In the instant case originally 21 persons were arrayed as Accused and at the time of framing the charge, the 4th and 21st Accused were died. However, as far as the Accused No.1 to 3 and 5 to 8 were charged for the offence under sections 304(2) of IPC (35 counts) and 4(ii) of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules were framed. Further, as against the Accused No.1 to 3 and 5 to 8 charge under section 328 of IPC (53 counts) and 4 of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules were also framed. As against the Accused No.9 to 14 charge under section 304(2), 328, r/w 109 of IPC section 4(2) of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules. As against the Accused Nos.15 to 20 charge under section 304(2) and 328, r/w 109 of IPC were framed and as against the Accused No.15 to 20 charge under section 213 r/w 34 of IPC was framed. All the Accused denied the charges hence witnesses were examined by the prosecution.

(3.) To prove the case of the prosecution totally 82 witnesses were examined, Exhibits P-1 to P-216 were marked apart from the production of material objects M.O. Nos.1 to 21. At the end of the trial the Learned Additional District Judge, Fast Tract Court No.IV, Ponneri by his judgment dated 31.05.2011 acquitted all the accused under section 235(1) of Cr.P.C as the prosecution failed to prove the charges beyond reasonable doubt. Feeling aggrieved over the judgment of acquittal the State has preferred the instant appeal, to set-aside the judgment of acquittal.