Kerala High Court
Shan 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. 3929 OF 2024
CRIME NO.82/2008 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1837 OF 2014 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONER/ACCUSED:
SHAN,
AGED 39 YEARS, S/O ABDUL RASHEED,
SHAN MANZIL, KIZHAKKUMKARA,
KALUNKINMUGHAM, MANIKKAL MURI,
PULLAMPARA VILLAGE, NEDUMANAGAD,
THIRUVANANTHAPURAM, PIN - 695607
BY ADV.
SRI.M.R.SARIN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SMT.SREEJA V. (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.3929 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3929 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Petitioner was the 2nd accused in C.C.No.468/2008 on the files
of the Judicial First Class Magistrate Court-I, Nedumangad, alleging
offences punishable under Section 341 & 324 read with Section 34 of
the Indian Penal Code, 1860 (IPC). Since the petitioner had
absconded during the trial of the case, the case against him was split
up and the trial continued as against the 1 st accused. By judgment
dated 30.10.2014, the 1st accused was acquitted. Petitioner seeks
benefit of acquittal of co-accused through this petition under Section
482 of the Code of Criminal Procedure, 1973 (CrPC).
2. According to the prosecution, the accused had, on
17.02.2008, restrained the defacto complainant and after snatching a
torchlight from him, assaulted him and inflicted injuries, thereby
committing the offences alleged.
3. I have heard Sri.Sarin - learned counsel for the petitioner as
well as Smt.Sreeja V. - learned Public Prosecutor.
4. On a reading of the judgment in C.C.No.468/2008 of Judicial
First Class Magistrate Court-I, Nedumangad, it is noticed that the trial
Court held that the prosecution had no specific case with regard to
the weapon allegedly used to attack PW1, apart from the absence of
any evidence regarding the source of light for PW1 to observe the
incident. The aforesaid findings are crucial in the case as against the
petitioner as well. The findings regarding nature of weapon used and
the source of light for PW1 to observe the incident are both
applicable to the petitioner also. When in the trial against the 1 st
accused, those two factors were not relied upon by the trial Court
and acquitted the accused, the substratum of the prosecution case as
against the petitioner can also be said to have been destroyed. In the
above circumstances, no purpose would be achieved by continuing
the prosecution against the petitioner.
5. Hence all proceedings against the petitioner in
C.C.No.1837/2014 on the files of the Judicial First Class Magistrate
Court-I, Nedumangad, arising out of Crime No.82/2008 of
Venjaramoodu Police Station, liable to be quashed. Ordered
accordingly.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO
82/2008 OF VENJARAMOODU POLICE STATION
Annexure A2 TRUE COPY OF THE FINAL REPORT AS C.C
1837/2014PENDING BEFORE JUDICIAL FIRST-
CLASS MAGISTRATE COURT I, NEDUMANAGAD,
THIRUVANANTHAPURAM IN CRIME NO. 82/2008
OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
Annexure A3 THE TRUE COPY OF THE JUDGEMENT IN CC NO
468/2008 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT I, NEDUMANAGAD IN CRIME
NO 82/2008 OF VENJARAMOODU POLICE
STATION, THIRUVANNATHAPURAM DATED
30.10.2014
