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STATE BY PUBLIC PROSECUTOR versus ISMAIL2. MURUGESAN

High Court of Madras

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State by Public Prosecutor v. Ismail2. Murugesan - C.A.No.910 of 1997 [2005] RD-TN 381 (13 June 2005)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-6-2005

CORAM

THE HONOURABLE MR.JUSTICE N.DHINAKAR

AND

THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM C.A.No.910 of 1997

State by Public Prosecutor .. Appellant -vs-

1. Ismail

2. Murugesan .. Respondents This criminal appeal is preferred under Sec.378 of the Code of Criminal Procedure against the judgment passed by the Additio For Appellant : Mr.S.Jayakumar

Additional Public Prosecutor

For Respondents: Mr.T.Munirathina Naidu for R1

Mr.K.M.Subramanian for R2

:JUDGMENT



(Judgment of the Court was delivered by M.CHOCKALINGAM, J.) This is an appeal, brought forth by the State, aggrieved over the judgment, made by the Additional Sessions Court, Vellore,

2. The short facts necessary for the disposal of this criminal appeal, are as follows: (a) P.W.1 Fiaz Ahmed, was living at Melvisharam village. The deceased Farooq Ahmed @ Jana was his elder brother, and they h (b) On receipt of the copy of the F.I.R., P.W.19 Ramadoss, Inspector of Police of the said Police Station, took up investiga (c) On receipt of Ex.P12 requisition, P.W.10 Dr.Rajeswari, attached to the Government Hospital, Arcod, conducted the autopsy "1. Head distorted due to decomposition and destruction by the maggots. Soft parts of the nose and scalp in the right tempor 2. A gaping wound 6 x 2 x 1 cm, oblique on the left parietal region 3 cms above & posterior to the left ear. 3. A transverse gaping wound 3 x 2 cm x bone deep 2 cms behind the left ear. 4. A transverse gaping wound 8 x 1 cm x bone deep on the middle of occipital region. All the wound are covered with numerous 5. Numerous holes of various sizes, 0.1 cm to 2 cms diameter thro' which numerous maggots crawling are seen over the anterior The Doctor has given her final opinion under Ex.P17 to the effect that the deceased would appear to have died of shock and ha (d) After the receipt of the final opinion, the investigation was further proceeded with. The deceased was involved in numb (e) On 24.2.12995 at 6.00 P.M. A-1 was taken into custody, and he gave a confessional statement in the presence of two witne (f) The identification parade was conducted by P.W.9 Killivalavan, Judicial Magistrate. Vellore, in the Central Prison, and

3. In order to establish the charges levelled against the accused, the prosecution marched 19 witnesses and relied on 29 exh

4. The learned Additional Public Prosecutor appearing for State, with vigor and vehemence, would submit that the lower Court

5. The Court heard the learned Counsel appearing for the respondents on the above contentions.

6. After careful consideration of the rival submissions, this Court is of the considered view that the judgment of the lower

7. The short case of the prosecution, as could be seen, was that on the day of occurrence namely 13.11.1994, at about 11.30

8. To start with, the prosecution case was that originally, the deceased and the accused before the Court were involved in n

9. The prosecution made much reliance on the evidence of P.W.6, according to whom, he last saw the deceased in the company o

10. In view of the discussions made above, it can be well stated that it is a case, where the prosecution has miserably fail

11. In the result, this criminal appeal fails, and the same is dismissed. The first respondent, who has been arrested in con Index: yes

Internet: yes

To:

1. The Additional District and Sessions Judge cum Chief Judicial Magistrate, North Arcot Ambedkar District, Vellore.

2. The Additional District and Sessions Judge cum Chief Judicial Magistrate, North Arcot Ambedkar District, Vellore,

through The Sessions Judge, Vellore District. 3. The D.G.P., Chennai.

4. The District Collector, Vellore.

5. The Public Prosecutor, Madras.

6. The Superintendent, Central Prison, Vellore.

nsv/




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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