Kerala High Court
Muhammed Azad vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3071 OF 2024
CRIME NO.293/2021 OF PATHANAPURAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.660 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM
PETITIONER/3RD ACCUSED:
MUHAMMED AZAD
AGED 45 YEARS, S/O MEERA SAHIB, ANSAR MANZIL,
KARIMBALOOR MURI, KARIMBALOOR P.O, PUNNALA
VILLAGE, KOLLAM DISTRICT, PIN - 689696
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
PATHANAPURAM POLICE STATION,
KOLLAM DISTRICT, PIN - 689695
BY ADV.
SRI.ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3071 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3071 of 2024
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Dated this the 23rd day of May, 2024
ORDER
The petitioner, was the 3rd accused in C.C.No.711/2021, which
arose out of Crime No.293/2021 of Pathanapuram Police Station. The
offence alleged against the petitioner and two other accused were
under Sections 341, 294(b), 353 read with Section 34 of the Indian
Penal Code (IPC). During the trial, petitioner had absconded and
therefore it proceeded only against accused 1 and 2. By judgement
dated 30.08.2022, accused 1 and 2 were acquitted. Petitioner seeks
extension of the benefit of acquittal of the co-accused.
2. According to the prosecution, accused 1 to 3 had, in
furtherance of their common intention, on 14.03.2021, blocked a
KSRTC bus using their motor car and the 2nd accused after uttering
obscene words took a stone and threw it towards CW2 who was the
conductor of the bus. The accused is alleged to have together
prevented the driver and the conductor from discharging their official
duties and caused a loss of Rs.3,000/- to the KSRTC and thereby
committed the offences under Sections 341, 294(b), 353 read with
Section 341 of IPC.
3. I have heard Sri.K.Siju - learned counsel for the petitioner as
well as Sri.Ashi M.C. - learned Public Prosecutor.
4. In the judgement of acquittal of accused 1 and 2, the learned
Magistrate, in the judgment dated 30.08.2022, observed that though
the investigating officer identified the accused persons in the dock,
PW1 and PW2 who were the victims in the case stated that they had
not seen the accused at the place of occurrence at the relevant time.
The learned Magistrate, after taking note of the absence of any
independent or corroborating evidence, came to the conclusion that
the identification by the investigating officer cannot be relied upon to
connect the accused with the crime. It was further observed that
there was a total lack of independent evidence to identify the
accused, which affected the prosecution case.
5. Since PW1 and PW2 have taken the stand that they have not
seen the accused persons which will include even the 3 rd accused,
and taking note of the absence of any specific overact against the 3 rd
accused even as per the prosecution case, I am of the view that the
substratum of the prosecution case as against the petitioner has been
destroyed as per Annexure A3 judgment. Therefore, no purpose
would be achieved by continuing with the prosecution against the
petitioner.
6. Accordingly, the proceeding against the petitioner as the 3 rd
accused in Crime No.293/2021 of Pathanapuram Police Station, now
pending as C.C.No.660/2022 on the files of Judicial First Class
Magistrate Court, Pathanapuram is hereby quashed.
This Crl.M.C. is therefore allowed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONER'S ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIR IN CRIME
NO.293/2021 OF PATHANAPURAM POLICE
STATION, KOLLAM DISTRICT DATED 15.03.2021
Annexure A2 THE CERTIFIED COPY OF FINAL REPORT DATED
30.4.2021 SUBMITTED BY THE 2ND RESPONDENT
BEFORE THE JFMC, PATHANAPURAM
Annexure A3 THE CERTIFIED COPY OF JUDGMENT DATED
30.08.2022 IN CC NO. 711/2021 ON THE FILE
OF JFMC, PATHANAPURAM
Annexure A4 THE CERTIFIED COPY OF DEPOSITION OF PW 1
IN CC 711/2021 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT,
PATHANAPURAM DATED 28.6.2022
Annexure A4(a) THE CERTIFIED COPY OF DEPOSITION OF PW 2
IN CC 711/2021 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT,
PATHANAPURAM DATED 28.6.2022
Annexure A4(b) THE CERTIFIED COPY OF DEPOSITION OF PW 3
IN CC 711/2021 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT,
PATHANAPURAM DATED 28.6.2022
