Rejimon @ Rejeesh vs State Of Kerala

Kerala High Court

Rejimon @ Rejeesh 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. 651 OF 2023
                       CRIME NO.0/0 OF ,
AGAINST    THE   JUDGMENT,       CONVICTING   AND   SENTENCE   IN   SC
NO.219    OF   2018   OF   THE    SESSIONS    COURT,KOTTAYAM   DATED
30.03.2023
APPELLANTS/ACCUSED:

    1      REJIMON @ REJEESH
           AGED 39 YEARS
           S/O RETHNAKARAN, ERUTHIKUZHY HOUSE,
           THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM
           TALUK, KOTTAYAM DISTRICT, PIN - 686605
    2      JUBEESH
           AGED 32 YEARS
           S/O GOPI, ALUNKAL HOUSE, THALAYOLAPARAMBU KARA,
           VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM
           DISTRICT., PIN - 686605
    3      RAJEEV
           AGED 40 YEARS
           S/O MANY, OLITHADATHU HOUSE, THALAYOLAPARAMBU
           KARA, VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM
           DISTRICT., PIN - 686605
    4      VENU
           AGED 50 YEARS
           S/O VAVA, ALUNKAL HOUSE, THALAYOLAPARAMBU KARA,
           VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM
           DISTRICT., PIN - 686605
    5      JISHNU
           AGED 23 YEARS
           S/O SOMAN, ERUTHIKUZHY HOUSE, THALAYOLAPARAMBU
           KARA, VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM
           DISTRICT., PIN - 686605
    6      JISHNU BABU
           AGED 24 YEARS
           S/O BABU, THUNDUKADAVIL HOUSE, THALAYOLAPARAMBU
           KARA, VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM
           DISTRICT., PIN - 686605
                                       2

Crl.A.No.651 of 2023


             BY ADVS.
             M.B.SOORI
             BALAMURALI K.P.
             JITHIN BOSE
             HARIPRIYA.M

RESPONDENTS/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
             OF KERALA, ERNAKULAM, PIN - 682031
     2       RAJEENA
             AGED 39 YEARS
             W/O PRADEEP, KATTATHARA HOUSE,
             THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM
             TALUK, KOTTAYAM., PIN - 686605
             BY ADV Rajeev K.K




             ADV.PUSHPALATHA MK -SR GP


         THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
23.05.2024,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                     3

Crl.A.No.651 of 2023




                      P.G. AJITHKUMAR, J.
    -----------------------------------------------------------
                   Crl. Appeal No.651 of 2023
    -----------------------------------------------------------
              Dated this the 23rd day of May, 2024

                         JUDGMENT

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973. The appellants are the accused in S.C. No.219/2018 on the files of the Sessions Court, Kottayam. The appellants were convicted for the offences punishable under Sections 143, 147, 323 and 451 read with Section 149 of of the Indian Penal Code, 1860 and sentenced. The appellants assail the legality and correctness of the said judgment of conviction and consequent sentence.

2. Heard the learned counsel for the appellants and the learned Public Prosecutor and also the learned counsel appearing for the defacto complainant (PW1).

3. Appellants were tried for the offences punishable under Sections 143,147, 148, 323, 294(b), 324, 354 and 452 read with Section 34 of the IPC and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of 4 Crl.A.No.651 of 2023 Atrocities) Act, 1989.

4. At the trial, PWs 1 to 7 were examined and Exts.P1 to P7 were marked. After considering the said evidence, the trial court found the appellants guilty of the offences punishable under Sections 143, 147, 323 and 451 read with Section 149 of the IPC, while acquitting them for remaining offences.

5. The defacto complainant filed an affidavit dated 16.01.2024. She avers that she settled the matter with the appellants and has no further grievance in the matter. Having gone through the affidavit and heard the submissions of the defacto complainant, I am satisfied that the said affidavit was filed voluntarily and without any coercion or duress. Offences under Section 323 and 451 of the IPC are compoundable as per the provisions of Section 320 of the Code. The offences proved after trial is that the appellants trespassed into the house of PW1 and caused hurt. Having regard to the facts and circumstances of the case, I am of the view that permission can be accorded to compound the said offences.

Crl.A.No.651 of 2023

6. Only on account of the commission of the offence punishable under Sections 323 and 451 of the IPC the offences under Sections 143 and 147 are attracted. Once the substantive offences are compoundable, the offences of unlawful assembly and rioting can only fail, especially in the nature of the allegations levelled against the appellants in this case.

In the said circumstances, the appeal is allowed. On allowing to compound offences punishable under Sections 323 and 451 of the IPC and finding the appellants not guilty of the offence under Sections 143 and 147 of the IPC, the appellants are acquitted. the appellants are set at liberty. If fine amount was deposited in terms of the order of this court dated 30.05.2023, the trial court will refund the same to the appellants.

Sd/-

P.G. AJITHKUMAR JUDGE SMF