Pandi Servai, Munikalai and Anr. Vs. State of Tamil Nadu.
EmailAppeal: Criminal Appeal Nos. 295-296 of 1978.
Petitioner: Pandi Servai, Munikalai and Anr.
Respondent: State of Tamil Nadu.
Apeal: Criminal Appeal Nos. 295-296 of 1978.
Judges: A.P. SEN & V. BALAKRISHNA ERADI, JJ.
Date of Judgment: Apr 08, 1987
Head Note:
INDIAN PENAL CODE, 1860:
Section 302 read with Section 34 Criminal Procedure Code, 1973; Section 378 – Reversal of the order of acquittal by the High Court up
Held:
Sessions Judge should have relied upon the dying declaration and the testimony of eye witnesses as there was no reason to doubt their credibility.
Held –
JUDGEMENT:
O R D E R
Criminal Appeal No. 295 of 1978.
1. We heard Shri A.T.M. Sampath, learned Counsel for the appellant at considerable length. Notwithstanding his persuasive arguments, we find no reason to interfere with the judgment of the High Court. The High Court has given valid and convincing reason for reversal of the order of acquittal recorded by the learned Sessions Judge, which was patently perverse and had caused serious miscarriage of justice. The learned Sessions Judge should have relied upon the dying declaration exhibit P.4 recorded by P.W.9, the Village Munsif and the testimony of the eye witnesses ought to have been accepted as reliable and true since there was no reason whatever to doubt their credibility.
2. The appeal accordingly fails and it is dismissed.
Appeal dismissed.
Criminal Appeal No. 295 of 1978.
1. We heard Shri A.T.M. Sampath, learned Counsel for the appellant at considerable length. Notwithstanding his persuasive arguments, we find no reason to interfere with the judgment of the High Court. The High Court has given valid and convincing reason for reversal of the order of acquittal recorded by the learned Sessions Judge, which was patently perverse and had caused serious miscarriage of justice. The learned Sessions Judge should have relied upon the dying declaration exhibit P.4 recorded by P.W.9, the Village Munsif and the testimony of the eye witnesses ought to have been accepted as reliable and true since there was no reason whatever to doubt their credibility.
2. The appeal accordingly fails and it is dismissed.
Appeal dismissed.
