THYAGARAJAN Vs. STATE

JUDGEMENT

(1.) TIRUPATTUR and to set aside the same.)This Criminal Revision case has been preferred against the judgment of acquittal dated 10.08.2005 pronounced by the Additional District and Sessions Judge (Fast Track Court), Tiruppatur, Vellore District in S.C.No.44/2005.

(2.) THE respondents 2 and 3 herein stood charged and were prosecuted for an offence under Section 307 IPC r/w Section 34 IPC before the court below in S.C.No.44/2005. After trial, both were found not guilty and were acquitted of the said offence. Questioning the correctness of the said judgment of acquittal pronounced by the trial court, one of the injured persons who was examined as P.W.4, has preferred this Criminal Revision Case under Section 401 Cr.P.C. on various grounds set out in the Grounds of Revision.

(3.) AS many as 10 witnesses were examined as P.W.1 to P.W.10 and nine documents were marked as Ex.P1 to Ex.P9 in order to prove the prosecution case. M.O.1 to 3 were also produced. The respondents 2 and 3/accused 1 and 2 were also examined under Section 313(1)(b) Cr.P.C. Two documents were marked as Ex.D1 and D2 on the side of the accused. At the conclusion of trial, after hearing the arguments advanced on both sides, the learned trial judge considered the evidence brought before it and upon such consideration, came to the conclusion that the charge against the accused were not proved beyond reasonable doubt and acquitted the respondents 2 and 3 herein/accused 1 and 2 giving the benefit of doubt, by its judgment dated 10.08.2005.