The High Court of Kerala disposed of criminal appeals filed by convicted accused persons. Since the victims voluntarily compounded the offences, the court accepted the composition, set aside the conviction and sentence, and acquitted the appellants.
The judgment of conviction and sentence was set aside; Appellants accused Nos. 1 to 3 were acquitted of the offences.
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 K. BABU
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944 CRL.A NO. 1846 OF 2007
AGAINST THE ORDER/JUDGMENTSC 217/2004 OF ADDITIONAL SESSIONS COURT
(ADHOC)-II, THODUPUZHA
APPELLANTS/ACCUSED:
1 PRASAD S/O CHANDY, PUNNATHANATHU HOUSE, VANDANMEDU BHAGOM,VANDANMEDU KARA, ANAKKARA VILLAGE.
2 MANOJ S/O.CHARLY PUNNATHANATHU HOUSE,VANDANMEDU BHAGAM, VANDANMEDU KARA, ANAKKARA VILLAGE. 3 VIJAYAN KUNJUMON S/O.CHARLY, PUNNATHANATHU VEEDU, VANDANMEDU BHAGAM,, VANDANMEDU KARA, ANAKKARA VILLAGE. BY ADVS. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM
RESPONDENTS/COMPLAINANT:
| 1 | STATE OF KERALA |
|---|---|
| REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. |
|
| ADDL.2 | MANI |
| AGED 52 YEARS, S/O CHINNARAJ, | |
| PARAYIL ESTATE, VANDANMEDU VILLAGE, KUMALI TALUK,IDUKKI DISTRICT - 685509 |
|
| ADDL.3 | DEEPIKA |
| AGED 36 YEARS,D/O MANI, | |
| PARAYIL ESTATE, VANDANMEDUVILLAGE, KUMALI TALUK, IDUKKI DISTRICT- PIN |
|
| ADDL.4 | GUNASEKHARANANAN AGED 48 YEARS, S/O RAMRAJ, PARAYIL ESTATE, VANDANMEDU VILLAGE, KUMALI TALUK, IDUKKI – 685509 (ADDITIONAL RESPONDENTS 2 TO 4 IMPLEADED AS PER ORDER DATED 02.12.2022 IN CRL.M.A NO.1/2022 ) BY ADV P CHANDY JOSESPH |
| THIS | CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON |
| 02.12.2022, | THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: |
Crl.MA Nos. 1& 2 of 2022 in Crl.A No.1846 of 2007
2
K.BABU, J.
Crl.A No.1846 of 2007 & Crl.M.A.Nos.1 & 2 of 2022
Dated this the 2nd day of December, 2022
J U D G M E N T
Crl.M.A.No.1 of 2022
The petitioners are impleaded as additional respondents 2 to 4 in the Crl. Appeal. Registry to incorporate the necessary amendments in the cause title.
Crl.M.A.No.2 of 2022
Crl.A.No.1846 of 2007
3
Crl.MA Nos. 1& 2 of 2022 in Crl.A No.1846 of 2007
imprisonment for a period of two years each for the offence under Section 324 IPC. and Simple imprisonment for a period of one month each for the offence under Section 341 IPC. The 1st appellant died during the course of proceedings. The appeal as against the 1st appellant therefore stands abated.
The appeal is disposed of as above.
Sd/-
K.BABU JUDGE
AP
1 issue framed by the court
Whether the voluntary composition of offences by the victims under Section 324 and 341 IPC during the appeal warrants the acquittal of the appellants.
3 provisions across 1 enactments
Prasad S/O Chandy
Manoj S/O Charly
Vijayan Kunjumon S/O Charly
State of Kerala
Mani
Deepika
K. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
