Vipin Wilson vs State Of Kerala

Kerala High Court

Vipin Wilson vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                CRL.MC NO. 3927 OF 2024
 CRIME NO.1319/2010 OF PUNALUR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.7 OF 2023 OF
ASSISTANT SESSIONS COURT/SUB COURT AT PUNALUR, KOLLAM.
              ..........................
PETITIONER/7TH ACCUSED :

         VIPIN WILSON, AGED 34 YEARS
         S/O WILSON, THAZHEDATHU VEEDU,
         PAPERMILL WARD, PUNALUR VILLAGE,
         KOLLAM DISTRICT, PIN - 691 332.

         BY ADV A.SANIL KUMAR


RESPONDENT/STATE & COMPLAINANT :

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682 031.

         SRI.NOUSHAD K.A., PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 3927/2024

                                                 2


                             BECHU KURIAN THOMAS, J
                        ......................................................
                                Crl.M.C. No.3927 of 2024
                         ...................................................
                        Dated this the 21st day of May, 2024


                                             ORDER

Petitioner was the 7th accused in Crime No.1319/2010 of Punalur Police Station, which was committed to the Sessions Court, Punalur as S.C.No.204/2012. Initially the case was registered as C.C.No.107/2011 on the files of the Judicial First Class Magistrate Court-III, Punalur. Since the petitioner had absconded, the case against him was split up and the same is now pending as L.P.No.7/2023 before the Assistant Sessions Court, Punalur.

2. Petitioner contends that, originally there were ten accused, and since the petitioner was not in station, the case against him was split up, while the case against the other accused proceeded as S.C.No.204/2012 and ended in their acquittal by judgment dated 30.09.2019. Petitioner claims the benefit of acquittal of the co-accused and hence filed this petition under Section 482 of Cr.P.C.

3. Prosecution alleged that on account of previous enmity with CW1 the accused had, on 01.09.2010, with a common intention to murder, CRL.MC 3927/2024 3 conspired and formed themselves into an unlawful assembly and committed rioting, armed with deadly weapons and caused grievous hurt to CW1, thereby committing the offences punishable under Sections 120B, 143, 147, 148, 323, 326 and 307 r/w Section 149 of the Indian Penal Code, 1860.

4. I have heard Sri.Sanil Kumar, the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

5. In S.C.No.204/2012, accused Nos.1 to 6 and 8 to 10 were tried and by judgment dated 30.09.2019 all of them were acquitted. Since the petitioner had absconded, the case against him was split up. In the aforementioned judgment, the learned Session Judge had observed that CW1, who was the injured in the case, had expired and all other material witnesses had turned hostile to the prosecution. On the above basis, it was concluded that there is no evidence to prove the identity and complicity of the accused with the occurrence alleged in the case. The accused who were tried therein were acquitted in the absence of substantive evidence regarding their identity. It was also held that there was no evidence to show the assailants had the intention to kill CW1 and that they had acted with such knowledge. Since none of the offences CRL.MC 3927/2024 4 alleged against the accused were proved, the accused were found to be not guilty.

6. Petitioner has been roped in as an accused since he was allegedly part of the unlawful assembly and also acted apparently with the common object. However, since accused Nos.1 to 6 and 8 to 10 have already been acquitted and since CW1-the injured witness, had expired, there was no substantive evidence at all before the court to convict the accused. The findings in the said judgment are applicable with equal force to the petitioner herein as well, since he also stands on the same footing. It is evident on a perusal of Annexure-A3 judgment that the substratum of the prosecution case against the petitioner has eroded and no purpose would be achieved by continuing the prosecution against the petitioner.

7. Accordingly, all proceedings against the petitioner in L.P.No.7/2023 on the files of the Assistant Sessions Judge, Punalur arising out of Crime no.1319/2010 shall stand quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/21/05/2024 CRL.MC 3927/2024 5 APPENDIX OF CRL.MC 3927/2024 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1319/2010 OF THE PUNALUR POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.1319/2010 OF THE PUNALUR POLICE STATION ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 30.09.2019 IN SESSIONS CASE NO.204/2012 PASSED BY THE LEARNED ASSISTANT SESSIONS JUDGE, PUNALUR TRUE COPY