GANESAN Vs. STATE

JUDGEMENT

(1.) The convicted accused is the revision petitioner herein. He has filed this Criminal Revision Case, to set aside the judgment dtd. 6/4/2009, made in C.C. No. 197 of 2005 on the file of the learned Judicial Magistrate, Kumbakonam, as confirmed by the judgment dtd. 11/9/2009, made in Crl. A. No. 20 of 2009 on the file of the 1-Additional Sessions Judge (Protection of Civil Rights), Thanjavur.

(2.) Heard the learned counsel appearing for the revision petitioner and the learned Government Advocate (Criminal side) appearing for the respondent and perused the records.

(3.) The learned counsel appearing for the revision petitioner submitted that sufficient opportunity was not given for the accused to defend his case and there was no cross-examination of private prosecution witnesses, namely, P.W.1 to P.W.3 and none of the police witnesses viz., the person, who is said to have received the complaint; registered the First Information Report regarding the remand and conducted the investigation have been examined. None of the police witnesses have turned up to depose before the Court regarding the progress made on the line of the investigation and despite notice sent by the learned Judicial Magistrate, the police have not turned up for giving evidence and therefore, for want of fair trial, the accused may be acquitted.