S. VELAYUDHAN Vs. KRISHNAN

JUDGEMENT

(1.) THE two respondents were convicted under section 302 read with section 34 IPC for causing death of Shanku. The trial Court based their conviction upon the evidence of PWs 1, 2, 3 and 4. The High Court after re -appreciating their evidence set aside the conviction and acquitted the respondents.

(2.) THE High Court in its judgment has observed that upto a certain point, the prosecution version and the defence version are the same and, therefore, the only question as whether the deceased and PWs 1 and 3 were aggressors or the respondents were the aggressors. After taking into consideration the fact that all the eye witnesses were close relatives of the deceased and that they had not explained the injury on accused No. 1, the High Court came to the conclusion that it was not proved by the prosecution that the respondents were the aggressors. The High Court further observed that out of the two versions, the version of the defence was more probable. Thus accepting the defence version, the High Court allowed the appeal and acquitted the respondents.

(3.) SUBJECT to this observation, this appeal is dismissed.