Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946 CRL.REV.PET NO. 383 OF 2024 CRIME NO.488/2018 OF KOZHINJAMPARA POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 19.03.2024 IN SC NO.538 OF 2019 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,PALAKKAD REVISION PETITIONER/PETITIONER/ACCUSED NO.3: VELMURUGAN AGED 44 YEARS S/O.VELUCHAMI, 4TH COLONY, KOZHINJAMPARA, PALAKKAD, PIN - 678555 V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI. M. P. PRASANTH - PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. BADHARUDEEN, J.
------------------------------------------------------------ Crl.Rev.Pet. No. 383 of 2024 ----------------------------------------------------------- Dated this the 3rd day of April, 2024
ORDER
This Criminal Revision Petition has been filed by the third accused in Crime No.488/2018 of Kozhinjampara Police Station, Palakkad, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 and the prayer herein is to quash order in Crl.M.P. No.1437/2024 in S.C. No.538/2019 on the files of the First Additional Sessions Court, Palakkad.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The prosecution allegation in this case is that:
accused Nos.1 to 3, in furtherance of their common intention to commit murder of a newly born child of the second accused, on 12.04.2018 at 8.30 pm, committed murder of said new born child of second accused at the
house bearing No.16/285 situated at fourth cent colony at Kozhippara, Vadakarappathi Village of Chittur Taluk belonging to the first accused by smothering the child by putting a cloth on its face and sqeezing the neck of the child, since the newly born child found to be a girl child. Thereafter, accused Nos.1 to 3 buried the body of the child under the coconut tree on the east of the above house without informing the natives and relatives.
Further, the accused caused disappearance of the evidence of commission of murder with intention of screen themselves from legal punishment. Thus prosecution alleges that accused Nos.1 to 3 have committed the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.
4. A joint application for discharge was filed by the
accused Nos.1 to 3. Now, the third accused alone was challenging the order and the learned counsel for the petitioner would submit that no offence under Section 302 IPC would attract against the third accused and the allegation is that he caused disappearance of evidence and an offence punishable under Section 201 IPC. On perusal of the order impugned, the learned Sessions Judge considered the plea of discharge in detail and found that, it is difficult to hold that the accused deserve discharge and it was also found that the trial court could not hold the third accused had no liability for
the death of the child at the initial stage. Thus, it is discernible that a well considered order was passed by the trial court in negativing the plea of discharge. In the said circumstances, the order impugned does not require any interference. The trial court is at liberty to go with trial by framing charge on hearing the accused including, the petitioner.
Sd/- A. BADHARUDEEN JUDGE BR