This Criminal Original Petition filed by the State seeks leave to appeal an acquittal. The Single Bench found prima facie that the trial court did not properly appreciate prosecution evidence, thus granted leave to file the appeal.
Leave to file the criminal appeal granted; appeal number to be assigned and posted for admission.
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.
Crl.O.P.No.28674 of 2022 in Crl.A.No.SR44782 of 2022
Crl.O.P.No.28674 of 2022 in Crl.A.No.SR44782 of 2022
P.N.PRAKASH, J. and G.CHANDRASEKHARAN, J.
(Made by P.N.PRAKASH,J )
This criminal original petition has been filed seeking to grant leave to file the above appeal against the judgment and order of acquittal dated 22.03.2022 passed in S.C.No.140 of 2016 on the file of the Principal District and Sessions Court, Nagapattinam.
P.N.PRAKASH, J.
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Crl.O.P.No.28674 of 2022 in Crl.A.No.SR44782 of 2022
and
G.CHANDRASEKHARAN, J.
nsd 5. It is the case of the prosecution that on account of previous enmity, the accused waylaid the deceased on 21.10.2014 at 11.30 p.m., attacked him and caused his death. The trial Court has disbelieved the evidence of Rajesh (PW3) and Kumar (PW4), who were the eyewitnesses and has acquitted the accused.
Accordingly, this criminal original petition is allowed by granting leave. The Registry is directed to number the appeal, if the same is otherwise in order and post the appeal in the usual course for admission. Print the name of Mr.U.Kathiravan, learned counsel for the respondents/accused in the cause list.
(P.N.P.,J.) (G.C.S.,J.) 24.11.2022
nsd
Crl.O.P.No.28674 of 2022 in Crl.A.No.SR44782 of 2022
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1 issue framed by the court
Whether leave to file a criminal appeal against the acquittal of respondents is required and granted.
State
Respondents/Accused
P.N.PRAKASH
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
