1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:12.08.2011 Coram: THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.R.C.(MD).No.685 of 2011 and M.P.(MD).No.2 of 2011 Azhagar Raja ... Petitioner Vs State through the Inspector of Police, Chinnamanoor Police Station, Theni District, Crime No.190 of 2003. ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 and 482 of Criminal Procedure Code to call for the records in S.C.No.382 of 2004, the order passed by the learned Judge of Fast Track Court, periyakulam on 31.01.2005 and expunge the remark of acquittal on benefit of doubt and term it as Honorary acquittal for the petitioner in S.C.No.382 of 2004. For Petitioner : M/s. Selvi A.Hafiza For Respondent : Mr.P.Kandasamy Govt.Advocate(Crl.Side) O R D E R This Criminal Revision is preferred to call for the records in S.C.No.382 of 2004, on the file of the learned Judge of Fast Track Court, periyakulam, dated 31.01.2005 and expunge the remark of acquittal on benefit of doubt and term it as Honorary acquittal for the petitioner. 2. Heard both sides. 3. It is the case of the prosecution that on 16.07.2003 at about 9.00 a.m., at Markiyankotai, when the third and fourth accused caught hold of the deceased Inbaraj, the first accused assaulted him with the handle of spade, the second accused cut him with an aruval and the third accused stabbed him with hands and when one witness viz., Panchu came to prevent them and when he tried to snatch the aruval from the second accused, he sustained an injury on his left hand thumb and hence, the respondent police filed a charge sheet under Sections 351, 324 and 302 of I.P.C. against the accused. 4. The petitioner is second accused in the case. The learned counsel for the petitioner says that the name of the second accused is Ponvendhan @ Alagar Raja. 5. At the time of trial before the Sessions Court, wife of the deceased - P.W.1 has deposed that she did not know the reason for the death of her husband, that due to the enmity with the accused, she lodged https://hcservices.ecourts.gov.in/hcservices/ 2 a complaint in the police. Further, the Court has recorded the finding that the evidence of P.Ws.2 and 3 also do not support the prosecution. It has further observed therein that P.W.1 says that she does not know the contents of complaint, but she signed in the complaint. The Court below has acquitted all the accused giving them 'benefit of doubt' of all the charges. Presently, the petitioner has come forward with this revision for 'Honorary Acquittal'. 6. The learned counsel for the petitioner relied upon the order of this Court dated 01.04.2008 in Crl.R.C(MD)No.369 of 2008, wherein the learned Single Judge following an earlier Judgment of this Court has held as follows: "A careful perusal of the deposition of all these witnesses would go to show that no witness has said anything about these two accused. Not even their presence has been spoken to by any of the witnesses. When that be so, the learned Sessions Judge should have segregated these two accused and to have acquitted them honourably and not on giving benefit of doubt as it was down in the case of other accused against benefit of doubt as it was down in the case of other accused against whom there is some evidence. The learned counsel would rely on the judgment of this Court in SOMASUNDARAM VS. THE STATE THROUGH THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI (CRL.R.C.No.289 of 2008 dated 28.02.2008), wherein in a similar case, the learned Single Judge of this Court, after referring to various judgments of this Court as well as the Hon'ble Supreme Court has expunged the remarks". 7. In view of the above said circumstances, I am of the considered opinion that the order of acquittal can be modified to one of the acquittal honourably. 8. In the result, the Criminal Revision case is allowed and the finding of the lower Court that the petitioner is acquitted on benefit of doubt is modified to the effect that the petitioner shall stand acquitted honourably. Consequently, the connected Miscellaneous Petition is closed. akv Sd/- Assistant Registrar[T&P] /True copy/ To Sub Assistant Registrar 1. The Judge, Fast Track Court, Periyakulam. 2. The Inspector of Police, Chinnamanoor Police Station, Theni. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.A.Hafiza, Advocate SR.No.27821. Crl.R.C.(MD).No.685 of 2011 Dated:12.08.2011 2P/5C RPB 07.09.2011 https://hcservices.ecourts.gov.in/hcservices/