Ratheesh @ Opr vs State Of Kerala

Kerala High Court

Ratheesh @ Opr vs State Of Kerala on 23 May, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                     CRL.A NO. 642 OF 2024
  CRIME NO.300 OF 2019 OF AMBALAPPUZHA POLICE STATION,
                           ALAPPUZHA
JUDGMENT    DATED   27.03.2024   IN   S.C   NO.506   OF   2019   OF
ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, ALAPPUZHA
APPELLANT/ACCUSED:

            RATHEESH @ OPR
            AGED 40 YEARS
            S/O.CHANDRAN, RATHEESH BHAVANAM,
            THAKAZHY VILLAGE, THAKAZHY PANCHAYATH,
            ALAPPZUHA DISTRICT., PIN - 688562
            BY ADVS.
            BINU BABUKUTTAN
            VIDHU M.UNNITHAN
            RATHEESH C.
            HARI SANKAR V.


RESPONDENTS/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:

            SMT.PUSHPALATHA M K - SR PUBLIC PROSECUTOR


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                  2
Crl.Appeal No.642 of 2024

                   P.G. AJITHKUMAR, J.
  -----------------------------------------------------------
                Crl.Appeal No.642 of 2024
  -----------------------------------------------------------
           Dated this the 23rd day of May, 2024

                            JUDGMENT

This is an appeal against conviction filed under Section 374(2) of the Code of Criminal Procedure, 1973. The judgment of conviction was rendered by the Assistant Sessions Judge, Alappuzha. The appellant was convicted for the offences punishable under Sections 341, 392, 394, 398 and 308 of the Indian Penal Code, 1860 (IPC). The appellant was sentenced to undergo imprisonment for various terms among which the longest period is seven years for the offence punishable under Section 398 of the IPC. Terms of substantive sentence were ordered to run concurrently.

Since the conviction was by the Assistant Sessions Judge and the period of sentence imposed is seven years, this appeal ought to have been instituted before the Sessions Court. Hence this appeal is returned to the appellant by directing him present his appeal before the proper court.

Crl.Appeal No.642 of 2024

Return the certified copy of the judgment to the appellant after retaining a copy of the same with the records.

Sd/-

P.G. AJITHKUMAR JUDGE PV