The court granted leave to the State to file a criminal appeal. The judgment opines that eye-witness and doctor's evidence are not wholly unreliable and warrant further examination, noting that such evidence was not fully considered in the lower judgment.
Leave was granted to the State to file a criminal appeal against the judgment dated 23.12.2022.
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.20786 of 2024
Crl.O.P.No.20786 of 2024 in Crl.A.Sr.No.23048 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
The present petition has been instituted by the State, represented by the Inspector of Police, Koothanallur Police Station, seeking leave of this Court to file criminal appeal against the judgment dated 23.12.2022, in S.C.No.62 of 2010.
2.Mr.S.Rajakumar, learned Additional Public Prosecutor would solicit the attention of this Court with reference to the evidence of the Eye witnesses i.e., PWs 1, 4 & 10. Evidence of PW1 reveals the scene of occurrence and he was very much present in the scene of occurrence. He narrates the entire incident. The evidence of PW4 also go to say about the scene of occurrence. The Doctor's evidence, PW8 narrates the nature of the injuries sustained by the deceased person. Findings in the judgment reveals that none of these evidences are considered in its letter and spirit for forming an opinion.
3.We are of the prima facie opinion that the evidences of PWs 1, 4 & 10 and the Doctor's evidence cannot be said to be wholly unreliable and it requires further examination from the hands of this Court.
https://www.mhc.tn.gov.in/judis Page 1 of 2
Crl.O.P.No.20786 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
sli
4.In view of the above reasons, we are inclined to grant leave and
accordingly, this petition stands allowed.
(S.M.S., J.) (M.J.R., J.) 27.11.2024
sli
Crl.O.P.No.20786 of 2024
in
Crl.A.Sr.No.23048 of 2024
27.11.2024
Page 2 of 2
3 issues framed by the court
Whether leave should be granted to the State to file a criminal appeal seeking further examination of eye-witness and doctor's evidence?
Whether the evidence of PWs 1, 4, 10 and PW8 requires further examination by this court?
Whether the findings in the impugned judgment relied wholly and solely upon the evidence mentioned in said judgment?
State
Inspector of Police, Koothanallur Police Station
S.M.SUBRAMANIAM
M.JOTHIRAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
