Prakash vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 29, 2024

~4 min read

https://sooperkanoon.com/case/1285392

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1285392
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Feb 29, 2024
Case Number: Crl.MC/204/2024
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Prakash

Respondent

State of Kerala

Excerpt

.....the first accused proceeded. however, byjudgment dated 29.01.1997 the first accused was acquitted.petitioner seeks the benefit of the acquittal of the co- accused.2. the gist of the prosecution case is that the accused, due to an enmity with the de facto complainant, assaulted him on07.04.1993 by inflicting serious injuries with the intention to cause murder and thereby committed the offences under section 307 r/w 34 of the indian penal code, 1860.3. i have heard sri.rakesh t.t., the learned counsel for the petitioner as well as sri.ashi m.c., the learned public prosecutor.4. on a perusal of the judgment of acquittal of the firstaccused, it is noticed that, the de facto complainant himself, who is the injured in the case, had not supported the prosecution case. though he deposed that he was injured in the instant case, it was asserted that he does not know the person who inflicted the injuries. the learned sessions judge found that the motive alleged in the fis was different from the motive alleged in the charge sheet filed by the police, and further that all the occurrence witnesses had turned hostile and failed to identify the accused or even the weapon of offence. after considering the evidence adduced, the learned sessions judge came to the conclusion that the prosecution hadtotally failed to establish the guilt of the accused.5. on a consideration of the nature of the allegations, andthe evidence rendered by the prosecution, including that of the injured de facto complainant, it is evident that no purpose would be achieved by continuing the prosecution against the petitioner. the judgment of acquittal of the first accused in the case indicates that the substratum of the prosecution has been destroyed, even as against the petitioner.6. in view of the above, the proceeding against the petitionerin s.c.no.305/2020 on the files of the assistant sessions court, kottarakara, is hereby quashed. the crl.m.c. is allowed. sd/- bechu kurian thomas judge.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 CRL.MC NO. 204 OF 2024 CRIME NO.56/1993 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT SC 305/2020 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA PETITIONER/ACCUSED : PRAKASH, AGED 60 YEARS S/O VAMADEVAN, KOTTAZHIKATHU VEEDU, KILIMANNOOR MURI, PAZHAYA KUNNINMEL VILLAGE, PIN - 695 601. BY ADV T.T.RAKESH RESPONDENT/COMPLAINANT : STATE OF KERALA C.I. OF POLICE, KADACKAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031. SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.204 of 2024 …................................................ Dated this the 29th day of February, 2024

ORDER

Petitioner was the second accused in S.C.No.1670/1993 on the files of the Assistant Sessions Court, Kottarakara, which arose out of Crime No.56/1993 of Chadayamangalam Police Station. Since the petitioner had absconded during the trial of the aforementioned case, the case against him was

  split up and renumbered as S.C.No.305/2020 on the                     files
  of the Assistant Sessions Court, Kottarakara.                      In the
  meantime,        the     trial    against      the     remaining   accused

continued, and since the 3rd accused died while on bail, the case against the first accused proceeded. However, by

judgment dated 29.01.1997 the first accused was acquitted.

Petitioner seeks the benefit of the acquittal of the co- accused.

2. The gist of the prosecution case is that the accused, due to an enmity with the de facto complainant, assaulted him on

07.04.1993 by inflicting serious injuries with the intention to cause murder and thereby committed the offences under Section 307 r/w 34 of the Indian Penal Code, 1860.

3. I have heard Sri.Rakesh T.T., the learned counsel for the petitioner as well as Sri.Ashi M.C., the learned Public Prosecutor.

4. On a perusal of the judgment of acquittal of the first

accused, it is noticed that, the de facto complainant himself, who is the injured in the case, had not supported the prosecution case. Though he deposed that he was injured in the instant case, it was asserted that he does not know the person who inflicted the injuries. The learned Sessions Judge found that the motive alleged in the FIS was different from the motive alleged in the charge sheet filed by the Police, and further that all the occurrence witnesses had turned hostile and failed to identify the accused or even the weapon of offence. After considering the evidence adduced, the learned Sessions Judge came to the conclusion that the prosecution had

totally failed to establish the guilt of the accused.

5. On a consideration of the nature of the allegations, and

the evidence rendered by the prosecution, including that of the injured de facto complainant, it is evident that no purpose would be achieved by continuing the prosecution against the petitioner. The judgment of acquittal of the first accused in the case indicates that the substratum of the prosecution has been destroyed, even as against the petitioner.

6. In view of the above, the proceeding against the petitioner

in S.C.No.305/2020 on the files of the Assistant Sessions Court, Kottarakara, is hereby quashed. The Crl.M.C. is allowed. sd/- BECHU KURIAN THOMAS JUDGE AMV/29/02/2024

APPENDIX OF CRL.MC 204/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 56/1993 OF CHADAYAMANGALAM POLICE STATION DATED ANNEXURE A2 A TRUE COPY OF THE FIRST INFORMATION STATEMENT OF PW1 DATED 08/04/1993. ANNEXURE A3 A TRUE COPY OF THE ADDITION STATEMENT OF PW1 DATED 08/04/1993 PREPARED BY C.I. OF POLICE, KADACKAL. ANNEXURE A4 A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 56/1993 OF CHADAYAMANGALAM POLICE STATION DATED

ANNEXURE A5 A CERTIFIED COPY OF THE JUDGMENT

DATED 29/01/1997 IN SC NO. 167 OF 1993 PASSED BY ASSISTANT SESSIONS JUDGE, KOTTARAKARA. ANNEXURE A6 A TRUE COPY OF THE DEPOSITION OF MANOJ (PW1) IN SC NO. 167 OF 1993 OF ASSISTANT SESSIONS JUDGE, KOTTARAKARA. TRUE COPY

Same Court & Year Kerala · 2024 Same Parties Prakash vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice Bechu Kurian Thomas