Kerala High Court
Sulfiker vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 7379 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1090 OF 2015 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD
PETITIONER/2ND ACCUSED:
SULFIKER
AGED 45 YEARS
S/O ILLAYAS KUNJU, THADATHARIKATHU HOUSE,
KUNNUMPURATHU, NEAR T.K.M.L.P.S SCHOOL,
PERINGAMALA VILLAGE, THIRUVANANTHAPURAM, PIN - 695563
BY ADV 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
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO.7379 of 2024 2
2024:KER:77784
BECHU KURIAN THOMAS, J
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Crl.MC.No.7379 of 2024
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Dated this the 17th day of October, 2024
ORDER
Petitioner is the 2nd accused in Crime No.539/2011 of Palode Police
Station, Thiruvananthapuram. Prior to the committal of the said case to
the Sessions Court, petitioner absconded. Therefore, only the original
accused Nos.1 and 3 were committed to the Sessions Court in S.C
No.1124/2012 on the files of the Assistant Sessions Court, Nedumangad.
By judgment dated 27.02.2024, the learned Sessions Judge acquitted
both the accused, who faced the trial. In the meantime petitioner
appeared and the case against him is now pending as S.C No.1090/2015
before the same Court. Petitioner seeks the benefit of acquittal of co-
accused.
2. Prosecution alleges that, the accused had, on 21.07.2011, in
furtherance of their common intention to commit culpable homicide not
amount to murder, restrained the de facto complainant and inflicted a
cut injury on his head with a sword and also hit him with an iron rod and
an iron pipe and damaged an autorickshaw, and thereby committed
offences under Sections 341, 324, 427, 308 read with 34 of the Indian
Penal Code, 1860 apart from Section 27 of Arms Act.
2024:KER:77784
3. I have heard Sri. Sarin, the learned petitioner as well as Smt.
Sreeja V., the learned Public Public Prosecutor.
4. On a perusal of the judgment of acquittal of original accused
Nos.1 and 3, it is revealed that the prosecution evidence could not reveal
the identity of any of the assailants. The prosecution witnesses
categorically deposed that they were not aware of the assailants and on
that evidence, the trial court came to the conclusion that the prosecution
has miserably failed to prove its case.
5. Considering the nature of findings entered into by the Assistant
Sessions Court, Nedumangad, in the matter of acquittal of two of the
accused, I am satisfied that, the substratum of the prosecution case
against the petitioner has also been destroyed and no purpose would
therefore, be achieved by continuing the prosecution.
6. Accordingly, the proceedings in S.C. No.1090/2015 on the files of
the Assistant Sessions Court, Nedumangad, arising out of Crime
No.539/2011 of Palode Police Station Thiruvananthapuram, is hereby
quashed.
This Crl. M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:77784
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE F.I.R IN CRIME NO
539/2011 OF PALODE POLICE STATION,
THIRUVANANTHAPURAM DATED 22.07.2011
Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT AS S.C
1124/2012 OF COURT OF ASSISTANT SESSIONS COURT,
NEDUMANGAD IN CRIME NO. 539/2011 OF PALODE POLICE
STATION, THIRUVANANTHAPURAM
Annexure A3 THE CERTIFIED COPY OF THE JUDGEMENT IN SC NO
1124/2012 OF ASSISTANT SESSIONS COURT, NEDUMANAGAD,
THIRUVANANTHAPURAM IN CRIME NO 539/2011 OF PALODE
POLICE STATION, THIRUVANNATHAPURAM DATED 27.02.2024
