Dismissed

State of Kerala v. Surendran

Kerala HC2 Nov 2020CRL.A/765/2004

Case brief

AI extract

What is this about?

In an appeal by the State against the acquittal of three accused persons charged with causing hurt and grievous hurt with weapons, the High Court held that it cannot reappreciate evidence in an appeal against acquittal. Finding no illegality, the court dismissed the appeal and confirmed the lower court's acquittal.

What did the court decide?

Criminal Appeal dismissed; judgment of the Judicial First Class Magistrate confirming acquittal of accused is confirmed.

State of Kerala Vs Surendran — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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CRL.A.No.765 OF 2004

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AGAINST THE ORDER/JUDGMENT IN CC 462/1994 DATED 18-12-2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA

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APPELLANT:

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. PUBLIC PROSECUTOR

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RESPONDENTS:

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1 SURENDRAN KANJIRAKKADU VEEDU, AMBALTHUMBHAGAM MURI, PORUVAZHY VILLAGE.

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2 LEELA KANJIRAKKADU VEEDU, AMBALTHUMBHAGAM MURI, PORUVAZHY VILLAGE.

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3 SUBHASH KANJIRAKKADU VEEDU, AMBALTHUMBHAGAM MURI, PORUVAZHY VILLAGE.

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R1 BY ADV. SRI.P.SIVARAJ R1 BY ADV. SRI.SOORANAD S.SREEKUMAR

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OTHER PRESENT:

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SRI.K.B.UDAYAKUMAR, SR.PP

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15-10-2020, ALONG WITH CRL.A.1342/2019, THE COURT ON 02-11-2020 DELIVERED THE FOLLOWING:

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Crl.A. No. 765 of 2004

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P.V.KUNHIKRISHNAN, J.

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=================== Crl.A. No. 765 of 2004

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===================

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Dated this the 2^nd day of November, 2020

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J U D G M E N T

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The above criminal appeal is filed against the judgment dated 18.12.2003 in C.C. No.462/1994 on the file of Judicial First Class Magistrate, Sasthamkotta. The above case was charge sheeted by the Sub Inspector of Police, Sooranad Police Station against the accused alleging offences punishable under Sections 326, 324 and 323 read with Section 34 of IPC.

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The prosecution case is that, on 11.03.1994 at 12 noon the accused persons attacked CWs. 1 and 2 with deadly weapons and in that attack CWs. 1 and 2 sustained hurt and grievous hurt and hence the accused committed the offence under Sections 326, 324 and 323 read with Section 34 of IPC.

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Crl.A. No. 765 of 2004

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To substantiate the case, the prosecution examined PW1 to PW10. Exhibits P1 to P7 are the exhibits marked on the side of the prosecution. MO1 and MO2 are the material objects.

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After going through the evidence and documents, the trial court found that, the accused is not guilty and they are acquitted under Section 248 (1) Cr.P.C. Aggrieved by the same, this Criminal Appeal is filed by the states.

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Heard the learned Public Prosecutor and the

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learned counsel for the respondents.

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The learned Public Prosecutor submitted that, this is a case in which the learned Magistrate acquitted the accused, for the simple reason that, there is no independent corroboration to the injured witnesses. The learned Public Prosecutor submitted that, since they are interested witnesses, their evidence can not be believed. The learned Public Prosecutor submitted that, the judgment of the trial court is perverse.

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Crl.A. No. 765 of 2004

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The learned counsel for the respondents submitted that, the 3^rd respondent is no more. The learned counsel also submitted that, the trial court acquitted the accused, after appreciating the oral evidence. This Court may not interfere with the findings of fact by the trial court in an appeal against the acquittal.

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The points for consideration in this appeal is whether the acquittal order passed by the lower court is justified or not.

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It is true that, the trial court acquitted the accused, because there is no independent corroboration to the oral evidence of the occurrence of eye witnesses. But, it is to be noted that, this is an appeal against the acquittal. The jurisdiction of this Court to interfere with the appeal against the acquittal is very limited. This Court can not re appreciate the evidence again in an appeal against the acquittal. In this case, the incident happened in 1994. Now 26 years elapsed. At this

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Crl.A. No. 765 of 2004

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distance of time, according to me, there is nothing to interfere with the acquittal order passed by the lower court. The trial court acquitted the accused after appreciating the oral evidence. The Court opined that the evidence available in this case cannot be believed without independent corroboration. I see no illegality to the above finding of fact by the lower court.

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Therefore, this criminal appeal is dismissed confirming the judgment dated 18.12.2003 in C.C. No.462/1994 on the file of Judicial First Class Magistrate, Sasthamkotta.

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(Sd/-)

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P.V.KUNHIKRISHNAN,

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JUDGE

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State of Kerala v. Surendran

Case brief

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State of Kerala v. Surendran

Case brief

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