The court was hearing the appeal preferred by the inspector of police of Karivalamvanthanallur police station challenging the order of the IV additional sessions court in Tirunelveli which had acquitted five people – Selvaraj, Immanuvel, Ramesh, Muthuvazhi and Tamilarasan.
The case of the prosecution is that a man named Kamatchi had constructed a house on a vacant site at Senthathiyapuram. The EB line of Selvaraj, Immanuvel, Ramesh, Muthuvazhi was crossing Kamatchi’s site causing disturbance. So, there was enmity between both the families. On May 10, 2016, Selvaraj, Immanuvel, Ramesh, Muthuvazhi and Tamilarasan assaulted Kamatchi’s son Anandakumar resulting in his instant death.
A division bench of justice M S Ramesh and justice N Anand Venkatesh observed that the trial court came to a conclusion that the statement of Kamatchi who is the only eyewitness in the case cannot be believed and therefore acquitted the five from this case.
“Insofar as an appeal against acquittal is concerned, the court must bear in mind that the presumption of innocence gets strengthened when the accused is acquitted by the trial court and the high court should not lightly interfere with the decision of the trial court. When the trial court has taken a possible view based on the appreciation of evidence, the high court cannot substitute another view just because it is possible to subscribe to such a view with the available evidence on record,” observed the judges.
The high court does not find any ground to interfere with the order passed by the trial court and the findings do not suffer from perversity, observed the judges while dismissing the appeal.