STATE OF KERALA Vs. SURESH @ SUBHASH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Kerala High Court by the impugned order dismissed the appeal filed by the State questioning acquittal of five accused persons who faced trial in the Court of Additional Sessions Judge, Pathanamthitta. The trial court acquitted them of the charges relatable to Sections 143, 147, 148, 109, 449 and 302 read with Section 149 of the Indian Penal Code, 1860 ( in short 'IPC').

(3.) The basic reason which weighed with the trial court to direct acquittal was the unexplained delay relating to the FIR reaching the concerned Magistrate. Added to that the authenticity of the report given by PW1 was doubtful. The High Court found that the evidence of PW1 was not believable. There was doubt about the authenticity of Ex.P1 and the unexplained delay in FIR reaching the Magistrate Court. Because of the aforesaid factors the High Court found that there was no scope for any interference, learned Counsel for the appellant submitted that PW1 was an injured witness and merely because the investigation was not done in proper manner, the acquittal should not have been directed. learned Counsel for the respondent supported the judgment.