Unknown vs Govindaraj
2024 Latest Caselaw 21119 Mad

Madras High Court

Unknown vs Govindaraj on 6 November, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                           CRL.O.P.No.529 of 2023 in
                                                                          CRL.A.SR.No.54749 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 06.11.2024

                                                    CORAM

                        THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                      AND
                            THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

                                            CRL.O.P.No.529 of 2023
                                                     in
                                           CRL.A.SR.No.54749 of 2022

                  The Inspector of Police,
                  Palacode Police Station,
                  Dharmapuri District.
                  [Cr.No.315 of 2016]                                      ... Petitioner

                                                       Vs.

                  1.Govindaraj

                  2.Gopal

                  3.Sasikumar                                              ... Respondents

                  Prayer: Criminal Original Petition is filed under Section 378(3) of Criminal
                  Procedure Code, pleased to grant leave to file an appeal to this Court against
                  the acquittal judgment passed in the Learned Additional District and Sessions
                  Judge, Dharmapuri District in S.C.No.21 of 2017 dated 27.10.2021.




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                                                                               CRL.O.P.No.529 of 2023 in
                                                                              CRL.A.SR.No.54749 of 2022

                                  For Petitioner          : Mr.S.Raja Kumar
                                                            Additional Public Prosecutor

                                  For Respondents         : Mr.K.Ethirajalu



                                                     ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

The present criminal original petition has been instituted by the

Inspector of Police, Palacode Police Station, Dharmapuri to grant leave to file

an appeal against the acquittal judgment passed by the learned Additional

District and Sessions Judge, Dharmapuri in SC.No.21 of 2017 dated

27.10.2021.

2. Heard the learned Additional Public Prosecutor appearing on behalf

of the petitioner and the learned counsel for the respondents.

3. The learned Additional Public Prosecutor would submit that the

circumstantial evidence established by the prosecution are not considered by

the Trial Court. The prosecution though proved chain of events lead to

commission of offence, the Trial Court failed to appreciate those evidences.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.529 of 2023 in

Thus, the present criminal original petition seeking leave has been instituted.

4. Mr.K.Ethirajalu, learned counsel appearing on behalf of the

respondents would oppose by stating that as per the prosecution, it is case of

circumstantial evidence and even circumstances are not established to the

satisfaction of the Trial Court. Thus, there is no ground to grant leave to file

an appeal. He would further submit that discrepancies exist between the post-

mortem report, description of injuries and the alleged weapon used.

Therefore, the case of the prosecution failed. Thus, there is no reason to

consider the present petition seeking leave.

5. We have gone through the evidences of PW5, who is none other

than the brother of A1 and the deceased. Most of the witnesses are relatives

of A1 and the deceased. The case of the prosecution is that A2 and A3 were

hired by A1 for commission of offence. Reviewing the testimonies of PW5,

PW8 and PW9 along with the post-mortem report detailing the nature of the

injuries could result in forming an opinion that there are arguable points.

More so, the admissibility and credibility of these witnesses are to be

examined in detail.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.529 of 2023 in

6. Since we found that there is a prima facie case on the side of the

prosecution, we are inclined to grant leave. The other grounds raised between

the parties are to be adjudicated during the hearing of the appeal.

7. Accordingly, the Criminal Original Petition to grant leave to file an

appeal stands allowed.

                                                                   [S.M.S., J.]       [M.J.R., J.]
                                                                             06.11.2024
                  Jeni
                  Index : Yes
                  Speaking order / Non-speaking order
                  Neutral Citation : Yes


                  To

                  The Additional Public Prosecutor,
                  Madras High Court.





https://www.mhc.tn.gov.in/judis
                                          CRL.O.P.No.529 of 2023 in




                                  S.M.SUBRAMANIAM, J.
                                                 and
                                     M.JOTHIRAMAN, J.

                                                              Jeni





                                                         in





                                                     06.11.2024





https://www.mhc.tn.gov.in/judis