The High Court of Kerala disposed of four criminal appeals filed by the complainant challenging an order of acquittal. The court observed that the appellant had filed withdrawal memos in all appeals due to a settlement, and consequently dismissed all appeals as withdrawn.
All four criminal appeals dismissed as withdrawn by the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
CRL.A.No.1941 OF 2004
CC 834/1999 DATED 15-04-2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
APPELLANT/COMPLAINANT:
K.RAJAMOHANAN S/O KUMARAN, SREENARAYANAVILASOM VEEDU, NEDUMPANA, KOLLAM VILLAGE.
BY ADVS. SRI.M.T.SURESHKUMAR
RESPONDENTS/ACCUSED NOS.4 AND 5:
1 S.VIKRAMAN S/O SREEDHARAN, HEAD CONSTABLE, PUNALUR POLICE STATION, PUNALUR.
R1 BY ADV. SRI.ANCHAL C.VIJAYAN R1-2 BY ADV. SRI.S.M. ALTHAF BY ADV.SRI. SUMAN CHAKRAVARTHY, SR.P.P.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2020, ALONG WITH CRL.A.203/2013(A), CRL.A.204/2013(A), CRL.A.205/2013(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-2-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
CRL.A.No.203 OF 2013
CRA 155/2004 DATED 30-11-2012 OF I ADDITIONAL SESSIONS JUDGE, KOLLAM
CC 834/1999 DATED 15-04-2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
APPELLANT/COMPLAINANT:
K.RAJA MOHANAN, AGED 40 YEARS S/O. KUMARAN, SREENARAYANA VILASAM VEEDU, NEDUMPANA, KOLLAM VILLAGE, KOLLAM.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENTS/ACCUSED NO.3 & STATE:
1 RAGHAVAN PILLAI S/O. NANU NAIR, FORMER A.S.I OF POLICE, PUNALUR - 691 501.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.NIDHI BALACHANDRAN BY ADV.SRI. SUMAN CHAKRAVARTHY, SR.P.P.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2020, ALONG WITH CRL.A.1941/2004, CRL.A.204/2013(A), CRL.A.205/2013(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-3-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
CRL.A.No.204 OF 2013
CRA 154/2004 DATED 30-11-2012 OF I ADDITIONAL SESSIONS JUDGE, KOLLAM
CC 834/1999 DATED 15-04-2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
APPELLANT/COMPLAINANT:
K.RAJA MOHANAN, AGED 40 YEARS S/O. KUMARAN, SREENARAYANA VILASAM VEEDU, NEDUMPANA, KOLLAM VILLAGE, KOLLAM.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENTS/ACCUSED NO.2 & STATE:
1 ABDUL AZEEZ S/O MUHAMMED KOYA, DY. SUPERINTENDENT OF POLICE, (FORMER C.I. OF POLICE, PUNALUR) 691 501.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.B.MOHANLAL BY ADV.SRI. SUMAN CHAKRAVARTHY, SR.P.P.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2020, ALONG WITH CRL.A.1941/2004, CRL.A.203/2013(A), CRL.A.205/2013(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-4-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
CRL.A.No.205 OF 2013
CRA 139/2004 DATED 30-11-2012 OF I ADDITIONAL SESSIONS JUDGE, KOLLAM
CC 834/1999 DATED 15-04-2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
APPELLANT/COMPLAINANT:
K.RAJA MOHANAN, AGED 40 YEARS S/O. KUMARAN, SREENARAYANA VILASAM VEEDU, NEDUMPANA, KOLLAM VILLAGE, KOLLAM.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENTS/ACCUSED NO.1 & STATE:
1 C.F.ROBERT C.I.OF POLICE,(PREVIOUSLY S.I.OF POLICE, PUNALURPOLICE STATION), PIN - 691 501.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.P.VIJAYA BHANU (SR.) R1 BY ADV. SRI.P.M.RAFIQ R1 BY ADV. SRI.P.VIJAYA BHANU SR. BY ADV.SRI. SUMAN CHAKRAVARTHY, SR.P.P.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2020, ALONG WITH CRL.A.1941/2004, CRL.A.203/2013(A),
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-5-:
CRL.A.204/2013(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-6-:
J U D G M E N T
The appellant in all these four appeals is the
same and is the complainant in C.C.No.834/1999 on the file of JFCM Court-III, Punalur.
The learned Magistrate had convicted and sentenced A1 to A3 in C.C.No.834/1999 for offences punishable
under Sections 120B, 201, 347 and 384 read with Section 34 IPC. In respective appeals filed by A1
to A3 challenging the conviction and sentence before the 1st Additional Sessions Judge, Kollam, they were acquitted of all the charges but were convicted and sentenced for offence punishable under Section 348 read with Section 34 IPC by
common judgment dated 30.11.2012.
questioning the acquittal of charges under Sections
Crl.A.Nos.1941/2004, 203, 204 and 205/2013
:-7-:
120B, 201, 347 and 384 read with Section 34 IPC.
Thus at the instance of the appellant, there are
now four appeals before this Court.
to prosecute any of these appeals since the matter was settled as between the parties. He filed separate withdrawal memos in each of the appeals.
In the result, all these four appeals are
dismissed as withdrawn.
All pending interlocutory applications are closed.
Sd/-
T.V.ANILKUMAR JUDGE
ami/
2 provisions across 1 enactments
K.Rajamohanans/oKumaran
S.Vikramans/oSreedharan
Haneesa
StateOfKeralaRep.ByThePublicProsecutor
RaghavanPillaiofNanuNair
AbdulAzeezoMuhammedKoya
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
