The High Court of Kerala allowed criminal revision petitions stating that costs were deposited pursuant to a prior order. Consequently, the conviction and sentence were set aside, and the accused was acquitted under Section 320(8) of the Cr.P.C.
Conviction and sentence set aside; accused acquitted under Section 320(8) of Cr.P.C.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 7TH DAY OF FEBRUARY 2012/18TH MAGHA 1933
CRRP.No. 2685 of 2005 (B)
(AGAINST THE JUDGMENT IN CRA.1175/2003 of ADDL.SESSIONS COURT (ADHOC)-II, ERNAKULAM, JUDGMENT IN CC.2220/2001 of J.F.C.M-I,KOCHI)
REVISION PETITIONER(S)/APPELLANT/ACCUSED :
P.JOSE UKKURU,
PROPRIETOR, P.V. UKKKURU INTERNATIONAL TRADE , XL/6049, P.B.NO.3285, T.D.WEST ROAD, KOCHI - 682 035.
BY ADVS.SRI.P.KESAVAN NAIR
SRI.K.G.CLEETUS
RESPONDENTS/COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. M/S. TULSYAN, UDYOG HAVING THEIR OFFICE AT 12/05, GUJARAT STREET, CALICUT AND AT SIMSON TOWERS, SIMSON AUTO MOBILES COMPLEX, VYTTILA, ERNAKULAM-19, REPRESENTED BY AUTHORIZED REPRESENTATIVE MR. RAMANAN.
R1 BY SRI.T.R.RAJESH, PUBLIC PROSECUTOR R2 BY SRI.A.V.M.SALAHUDHEEN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07-02-2012, ALONG WITH CRRP NO.2851/2005 & CRRP NO.2691/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMV
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - Crl.R.P.Nos.2685,2691& 2851of 2005
Dated this the 7th day of February, 2012
O R D E R
See the order dated 11.01.2012. In pursuance to the
said order, the cost has been deposited and the receipt has
been produced.
Hence these revision petitions are allowed and the conviction and sentence are set aside and the accused stands acquitted under Section 320(8) of Cr.P.C.
P.BHAVADASAN, JUDGE
kkj
1 issue framed by the court
Whether the conviction and sentence should be set aside under Section 320(8) of Cr.P.C. following payment of costs.
1 provisions across 1 enactments
P. Jose Ukкуру
State of Kerala
M/s. Tulsyan, Udyog
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
