The High Court dismissed a criminal revision petition challenging the acquittal of two accused persons. The court held that the trial court did not err in acquitting the accused due to contradictions in the evidence of interested witnesses and lack of medical corroboration.
Criminal Revision Case was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.01.2017
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
Criminal Revision Case No.756 of 2011
K.Subramaniyan ... Petitioner
Versus
1.The Sub Inspector of Police,
Thirumanur Police Station,
Ariyalur District,
2. Paramasivam
3. Kaliyamoorthy ... Respondents
Revision Petition filed under Sections 397 and 401 of
Cr.P.C., to set aside the Judgment passed by the Judicial
Magistrate, Ariyalur in C.C.No.18 of 2006, dated 19.01.2011 and
convict the 2 nd respondent for the offence under Sections 323,
325 I.P.C. and the 3 rd respondent under Sections 323 and 427
I.P.C.
For Petitioner : Mr.S.Parthasarathy
For Respondents: Mr. Rameshbabu,
Government Advocate (Crl. Side) for R1
Mr.V.Rajamohan,For R2 & R3
ORDER
Challenging the order of acquittal, the de-facto complainant has filed the present revision before this Court. The 2nd and 3rd respondents are the accused A1 & A2 in CC No.18 of 2006 on the file of the learned Judicial Magistrate, Ariyalur. A1 stood for the offence under Sections 323 and 325 of I.P.C. and A2 stood for the offence under Sections 323 and 427 of I.P.C.
& 3 herein. Challenging the above said Order of Acquittal, the de-facto complainant is before this Court with this revision.
Sd/Asst.Registrar /true copy/ Sub Asst. Registrar vsi2 To : 1. The Judicial Magistrate, Ariyalur 2. The Sub Inspector of Police, Thirumanur Police Station, Ariyalur District.
Criminal Revision Case No.756 of 2011 ss(co) ss(20/3/2017)
2 issues framed by the court
Whether the High Court is justified in allowing the criminal revision challenging the order of acquittal of the accused.
Whether the contradictions in eye witness evidence warrant setting aside the acquittal.
3 provisions across 2 enactments
K.Subramaniyan
The Sub Inspector of Police, Thirumanur Police Station, Ariyalur District
Paramasivam
Kaliyamoorthy
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
