Madras High Court
Unknown vs Suresh @ Karuppan on 9 January, 2023
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.01.2023
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.286 of 2023
Crl.A.No.SR.32960 of 2017
State represented by
The Public Prosecutor,
High Court, Madras – 104
[Virudhachalam P.S.
Crime No.9 of 2016] .. Petitioner/Complainant
Vs.
1. Suresh @ Karuppan
2. Abdul Asarudeen ..Respondents/Accused 1 & 2
Criminal Original Petition filed under Section 378(5) Cr.P.C. to grant leave
to file an appeal to this Court against the acquittal judgement in Sessions
case No.103 /2016 dated 11.11.2016 passed by the III Additional District
and Sessions Judge, Cuddalore at Virudhachalam.
For Petitioner : Mr.R.Muniyappraj
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
Additional public Prosecutor
ORDER
[Made by N.ANAND VENKATESH.,J]
This petition has been filed seeking to grant leave to file an
appeal against the acquittal judgment in Sessions case No.103 /2016 dated
11.11.2016 passed by the III Additional District and Sessions Judge,
Cuddalore at Virudhachalam.
2. The case of the prosecution is that the accused persons which
includes the appellants and one Juvenile namely Arun were in the habit of
teasing girls who were staying in an Educational Institution. On 31.12.2015,
the accused persons came in a two wheeler and as usual, they teased some
girls and at that point of time, one Jahir Usain and deceased Manibala
warned them and thereby, an enmity was formed between the deceased and
the accused persons. On 04.01.2016, all the accused persons assembled in
the scene of crime and on seeing the deceased Manibala, they abused him in
filthy language and started attacking him with a knife and a wooden log.
The deceased was rushed to the hospital by Babu [PW1] and he was
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
declared as brought dead.
3. The Court below framed charges against accused persons under
Section 120 (b), 294(b), 302 and 506(ii) IPC .
4. Heard the learned Additional Public Prosecutor for the petitioner.
5. The Court below on considering the facts and circumstances of the
case and on appreciation of the evidence available on record came to a
conclusion that the prosecution has not proved the case beyond reasonable
doubt and accordingly, acquitted the accused persons from all charges.
6. The Court below appreciated the eye witness account of [Babu
[PW1], Chitra [PW2], Vignesh [PW3] and Chandru [PW4] and found that
there were lot of contradictions which were not able to be reconciled. The
Court below found that even before the registration of the FIR, statement of
the so called eye-witnesses were recorded. That apart, [Babu [PW1]] while
giving statement to the Investigating Officer, has not even identified the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
persons who had committed the Crime. The Court below primarily acquitted
the accused persons on the ground that the genesis of the entire case has
been concealed by the prosecution. That apart, the Court below also found
certain reconcilable contradictions in the eye-witness of account of PW1 to
PW4.
7. In the considered view of this Court, the findings rendered by
the Court below is a possible view and we do not find any perversity in the
view taken by the Court below and accordingly, this is not a fit case where
this Court can grant leave.
8. Accordingly, this petition stands dismissed. Consequently, the
Criminal Appeal is dismissed at the SR stage itself.
(P.N.P., J.) (N.A.V.,J.)
09.01.2023
rka/nsd
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
To
1. The III Additional District and Sessions Judge, Cuddalore
Virudhachalam.
2. The Public Prosecutor
High Court, Madras
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.286 of 2023
in Crl.A.No.32960 of 2017
P.N.PRAKASH, J.
AND
N.ANAND VENKATESH, J.
rka
Crl.O.P.No.286 of 2023
in Crl.A.No.SR32960 of 2017
09.01.2023
https://www.mhc.tn.gov.in/judis
