Baburaj.K vs Rajesh
2024 Latest Caselaw 14599 Ker

Kerala High Court

Baburaj.K vs Rajesh on 31 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                  PRESENT


               THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR


         FRIDAY, THE 31ST DAY OF MAY   2024 / 10TH JYAISHTA, 1946


                          CRA(V) NO. 40 OF 2024


    CRIME NO.1380/2013 OF Thaliparamba Police Station, Kannur


     AGAINST THE ORDER/JUDGMENT DATED IN SC NO.919 OF 2014 OF
  ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PAYYANNUR


APPELLANT/APPELLANT/VICTIM:

              BABURAJ.K AGED 49 YEARS ., S/O. GOVINDAN,    KOROTH
              HOUSE, NEDUMUNDA, KURUMATHOOR P.O.,      TALIPARAMBA
              TALUK, KANNUR DT, PIN - 670142
              BY ADVS. V.T.MADHAVANUNNI M.VIVEK RABINDRANATH

RESPONDENTS/RESPONDENTS/ACCUSED NOS.1, 3, 5 AND STATE:

     1        RAJESH S/O. KANNAN, POORATHAN HOUSE,   PERUMBA,
              KURUMATHOOR.P.O., TALIPARAMBA TALUK,   KANNUR DT, PIN
              - 670142
     2        RAJESH.K.V. @ KOTTA RAJESH S/O. KUNHIRAMAN,
              OTTATHU VALAPPIL HOUSE, POLLAYADU,CHUZHALI.P.O.,
              TALIPARAMBA TALUK, KANNUR DT, PIN - 670142
     3        SHAJI.N S/O. GOPALAN, NAMBURAKKAL HOUSE, CHORUKKALA,
              KURUMATHOOR.P.O., TALIPARAMBA TALUK, KANNUR DT-, PIN
              - 670142
     4        STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
              COURT OF KERALA, PIN - 682031

              MAYA MN...GP
              SHEEBA THOMAS- PP

    THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRA(V) No.40 of 2024
                                        2




                            P.G. AJITHKUMAR, J.
           -----------------------------------------------------------
                            CRA(V) No.40 of 2024
           -----------------------------------------------------------
                    Dated this the 31st day of May, 2024

                                   JUDGMENT

This is an appeal filed under the proviso to

Section 372 of the Code of Criminal Procedure, 1973.

Judgment impugned in the appeal was rendered by the

Assistant Sessions Judge, Payyannur. The trial was held on

a charge for the offences under Sections 143, 147, 323,

324, 341 and 307 read with Section 149 of the Indian Penal

Code, 1860.

2. In terms of the proviso to Section 372 of the

Code, an appeal against an order of acquittal shall lie to the

court to which an appeal ordinarily lies against the order of

conviction by the court. Ordinarily appeal against conviction

by an Assistant Sessions Judge, shall lie to the Court of

Sessions. Only in cases where the period of sentence is

more than 7 years, the appeal shall be filed before the High

Court. Having regard to the offences involved, this appeal

shall lie to the Court of Sessions. Therefore, the appellant

is directed to present the appeal before the Court of

Sessions concerned. Return the certified copy of the

impugned judgment to the appellant after retaining the

copy with the records.

Sd/-

P.G. AJITHKUMAR JUDGE SSK/31/05