Kerala High Court
Ajayakrishnan vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:83905
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 8656 OF 2022
CRIME NO.221/2006 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.76 OF 2007 OF
JUDICIAL MAGISTRATE OF FIRST CLASS- I, HARIPAD
PETITIONERS/ACCUSED 1 & 2:
1 AJAYAKRISHNAN
AGED 44 YEARS
S/O RADHAKRISHNA PILLAI, KANNOLIL HOUSE, HARIPAD P.O,
PILAPUZHA, PIN - 690514
2 AJITHKUMAR
AGED 61 YEARS
S/O CHANDRASEHARAN NAIR, ARAVINDAM, WARD-4,
THULAMPARAMBU NADUVATH, HARIPAD P.O, PIN - 690514
BY ADV R.B.BALACHANDRAN
RESPONDENT/STATE & COMPLAINANT:
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
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8656 OF 2022 2
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BECHU KURIAN THOMAS, J
---------------------------------------------
Crl.MC. No.8656 of 2022
----------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
Petitioners are accused 1 and 2 in S.C No.214/2007 on the files of the
Additional Sessions Court-II, Alappuzha which arises from Crime No.221/2006 of
Haripad Police Station. During the trial of the said case, petitioners absconded
and therefore, the case against them was split up and it is now pending as S.C
No.23/2023 before the Additional Sessions Court, Mavellikara. In the
meantime, trial against the remaining accused 3 and 4 proceeded and they
were acquitted by judgment dated 20.04.2016. Petitioners seek benefit of
acquittal of co-accused.
2. According to the prosecution, the accused abetted the suicide of
the deceased Sri. Sasikumar on 17.05.2006, and thereby committed the
offences punishable under Section 306 read with Section 34 of the India, 1860.
3. I have heard the learned counsel for the petitioners as well as the
learned Public Prosecutor.
4. A reading of the judgment of acquittal of accused 3 and 4 in S.C
No.214/2007 dated 20.04.2016, it is revealed that, the prosecution had failed
to prove any of the offences committed by the accused. It is also noticed that
none of the witnesses, including the wife of the deceased, had deposed about
any act that instigated or prodded the deceased to commit suicide. No fingers
could be pointed at any of the accused for the death of the deceased. In fact,
PW2 could not even state why the deceased consumed poison or whether
2024:KER:83905
anybody has even borrowed any money from the deceased or threatened him.
PW3 also did not make any allegation against any of the accused as being
responsible for consumption of poison by the deceased and he even denied
handing over the alleged suicide letter of the deceased to the police.
5. Having regard to the nature of evidence adduced by the
prosecution, it is explicitly clear that the substratum of the prosecution case
against the petitioners have also been eroded, and therefore, no purpose
would be achieved by continuing the prosecution against them. The
prosecution against the petitioners will only be an exercise in futility and
therefore, recourse to the remedy under Section 482 of the Code of Criminal
Procedure, 1973 is justified.
6. Accordingly, all proceedings in S.C No.23/2023 on the files of the
Additional Sessions Court-II, Alappuzha which arises out of Crime No.221/2006
of Haripad Police Station, is hereby quashed.
This Crl.MC is allowed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
Corrigendum Dated 19.11.2024
The words "Additional Sessions Court-II, Alappuzha" shown in Paragraph 6 of
this order shall stand corrected and substituted with "Additional Sessions
Court, Mavellikara"
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:83905
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE DEPOSITION OF PW1 DATED
18.04.2016
Annexure 2 CERTIFIED COPY OF THE DEPOSITION OF PW2 DATED
18.04.2016
Annexure 3 CERTIFIED COPY OF THE DEPOSITION OF PW3 DATED
18.04.2016
Annexure 4 CERTIFIED COPY OF THE JUDGMENT DATED 20.04.2016 IN
S.C.NO 214 OF 2007
Annexure 5 CERTIFIED COPY OF THE FINAL REPORT IN
S.C.NO.23/2023 PENDING BEFORE THE ADDITIONAL
SESSIONS COURT, MAVELIKARA
