D.VEEMARAJA Vs. STATE REP

JUDGEMENT

(1.) This Criminal Revision has been filed seeking to set aside the conviction and sentence dtd. 18/6/2012, passed by the learned IV Additional Sessions Judge, Tirunelveli, in C.A.No.180 of 2010, in and by which, the learned Judge has confirmed the conviction and sentence passed by the learned Judicial Magistrate No.IV, Tirunelveli, in C.C.No.280 of 2008 dtd. 18/10/2010.

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

(3.) Learned Counsel for the petitioners would submit that PWs 1 and 2, during their examination on 8/2/2008, had disowned the case of prosecution and thus, turned hostile. But, on 21/5/2009, on re-examination of witness, they had supported the case of the prosecution, stating that due to the life threat posed to PW1's mother, they turned hostile on 8/12/2008. The learned Counsel contended that no such incident took place on the said date and he would further submit that the trial Court has given much importance to the Telegram given by PW1. But, the handwriting in the said Telegram was not identified. In fact, the mother of PW1, who is said to have been kept under knife point, was not examined. These factors are vitiating the case of the prosecution. Under these circumstances and when two views are possible, the view which stands in favour of the accused has to be extended, ie., the benefit of doubt has to be extended in favour of the accused in this case. Therefore, the learned Counsel prays for allowing the present revision case.