RAVI Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant, who stood charged and convicted for the offence under Sec. 302 Penal Code in S.C.No.133 of 2014 on the file of District and Sessions Judge-II, Kancheepuram, having been arrayed as Accused No.1, has filed the above criminal appeal challenging the acquittal of the Accused No.2.

(2.) Brief Facts:

(3.) The learned counsel appearing for the appellant would submit that the prosecution has not proved its case beyond reasonable doubt. The Court below has wrongly relied upon the evidence adduced on behalf of the prosecution notwithstanding the serious discrepancies involved. The evidence of P.W.11 has not been taken into consideration probably. The evidence adduced by the witnesses, who turned hostile, have been taken into consideration. Recovery has not been proved by the prosecution. P.Ws.2 and 3 have clearly stated that P.W.1 was not present at the time of occurrence and therefore, the very case of prosecution cannot be sustained. The Police was present at the place of occurrence immediately thereafter. Thus, the appeal has to be allowed.