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2013 Supreme(Mad) 580

M.VENUGOPAL
Esakkiammal – Appellant
Versus
State rep. by The Inspector of Police Tirunelveli District – Respondent


Advocates appeared:
For the Petitioners:S. Palanivelayutham, Advocate.
For the Respondent: P. Kandasamy, GA, (Criminal Side).

Judgment :-

1. The Petitioners/A1 and A2 have preferred the instant Criminal Revision Petition as against the Judgment dated 06.11.2012 made in S.T.C.No.1313 of 2012 passed by the Learned Judicial Magistrate, Valliyoor, in acquitting them based on 'Benefit of Doubt'. Further, they have prayed for an issuance of an order by this Court for their 'Honorary Acquittal'.

2. The Learned Judicial Magistrate, Valliyoor, while passing the impugned Judgment in S.T.C.No.1313 of 2012 on 06.11.2012 has inter alia observed that P.W.1/victim has turned hostile and further, only based on the evidence of P.W.2, it cannot be accepted that the charges levelled against the Accused have been established beyond reasonable doubt on the side of the prosecution and consequently, acquitted the Accused Nos.1 and 2 in respect of the offence under Sections 294(b) and 323 of I.P.C., giving them 'Benefit of Doubt'.

3. At this stage, the Learned counsel for the Petitioners has filed a memo stating that the Revision Petition may be dismissed as not pressed insofar as the first Petitioner/A1 is concerned. The memo is recorded and the Criminal Revision Petition in respect of the first Petitioner/A1 is dismissed as no



































































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