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1996 Supreme(Mad) 1158

M.KARPAGAVINAYAGAM
A. Somu Thevar – Appellant
Versus
Sivakumar and another – Respondent


Advocates:
Mr. RN. Kothandaraman for Petitioner Mr. M.A.Maasco for lst Respondent Mr.M.Babu Muthemeeran (Govt.Advocate CrL Side) for 2nd Respondent.

Judgment :

1. Generally this Court is reluctant to disturb an acquittal recorded by the trial Court, in a revision against such acquittal, that too at the instance of a private party, when the State has not preferred any appeal. However, it becomes a duty to do so, inter alia when incriminating evidence of a satisfactory character is completely ignored or overlooked, and when there is a total misreading of evidence, resulting in an unwarranted acquittal, in order to redeem the course of justice, so that the grave injustice occasioned could be set right. The present is one of such cases.

2. The unfortunate petitioner, who is the father of the deceased a young son of 20 years old, and the first informant examined as P.W.I, has knocked at the doors of this Court, by presenting this revision, challenging the judgment of acquittal in S.C.No.63 of 1991, on the file of the Sessions Court, Thanjavur, in respect of an offence under Section 302, I.PC.

3. The brief facts of the case are as follows;-

(i) the deceased Kalaiarasan, aged about 20 years is the second son of P.W. 1 Somu Thavar, a resident of Paravakottai, having his residence at the main road itself. The deceased was having a













































































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