PUDHU RAJA Vs. STATE, REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal has been preferred against the final judgment and order dated 21.8.2008, passed by the High Court of Judicature at Madras in Criminal Appeal No.337 of 2005, by way of which, the High Court has allowed the State appeal against the judgment and order dated 22.12.2004 in Sessions Case No.618 of 2003 passed by the Additional District & Sessions Judge, (Fast Track Court No.1), Chengalpet, Kachipuram District, by which, the Trial Court had acquitted the appellants of the charges under Sections 302 r/w 34, 304(b) and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC').

(2.) The facts and circumstances giving rise to this appeal as per prosecution are as follows:

(3.) Dr. A. Francis Jullian, learned Senior counsel appearing on behalf of the appellants has submitted that the High Court committed an error by interfering with the order of acquittal as was recorded by the Trial Court. While reversing the judgment of acquittal, the High Court has not complied with the parameters laid down by this Court in such matters. This is because there is no direct evidence on any issue, and the case is one of circumstantial evidence wherein, several links are missing in the chain of events. The Trial Court recorded acquittal, as it came to the conclusion that there were a large number of material inconsistencies that went to the root of the case. There is also considerable embellishment/improvement in the depositions of the prosecution witnesses. There was also an inordinate delay after the incident, in lodging the FIR. The appellant (A-1), had been arrested immediately, however, such arrest was shown to have taken place at 9 A.M. on 18.4.2001. There could have been absolutely no motive on the part of the appellants, to commit the murder of the deceased. Thus, the present appeal deserves to be allowed.