LAWS(MAD)-1998-9-127

RAJA GANAPATHY Vs. SASI KUMAR ALIAS SAMPATH

Decided On September 15, 1998
RAJA GANAPATHY Appellant
V/S
SASI KUMAR ALIAS SAMPATH Respondents

JUDGEMENT

(1.) THE prosecution witness No. 1 Raja Ganapathy has preferred a revision aggrieved against the order of acquittal dated 23.7.1997 passed by the learned Principal Sessions Judge in S.C.No.l 16 of 1996, wherein respondents 1 and 2 were found not guilty under Sec.302, I.P.C.

(2.) THE case of the prosecution in brief is as follows:

(3.) THE learned counsel for the accused contended that there is no direct evidence to prove the offence P.W.2 was the only eye witness examined in the case and he turned hostile. So far as the recovery under Sec.27 of the Evidence Act, P.W.5 also turned hostile and did not support the prosecution case. THEre is no legal evidence to implicate the accused in the case. This being a revision, unless there is glaring illegality or miscarriage of justice, no interference is called for.