MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners in Crl.R.P.No.1013/2003 were the appellants 1 to 5/accused 1 to 5 in Crl.Appeal No.236/95 on the file of the first Additional Sessions Court, Thiruvananthapuram. The revision petitioner in Crl.R.P.No.1146/2009 was the appellant/6th accused in Crl.Appeal No.4/2007 on the file of the Sessions Court, Thiruvananthapuram.

(2.) PW10 laid charge sheet against accused Nos.1 to 17 including the revision petitioners herein for the offences punishable under Sections 143 , 147 , 148 , 149 452 , 427 , 324 , 307 and 436 of the Indian Penal Code (hereinafter referred to as 'the IPC ') and Section 3 of the Explosive Substances Act. When summons was issued to the accused from the committal court, all the accused except accused Nos.6 and 9 entered appearance. Since accused Nos.6 and 9 had absconded, the case against the others were committed to the Sessions Court, Thiruvananthapuram. The learned Sessions Judge made over the S.C.No.109/94 to the Assistant Sessions Court, Neyyattinkara for trial and disposal. Subsequently, accused No.6 entered appearance and on his appearance before the committal court, the learned Magistrate committed the case to the Sessions Court. The learned Sessions Judge made over the S.C.No.362/95 to the Assistant Sessions Court, Neyyattinkara for trial and disposal.

(3.) In S.C.No.109/94, the learned Assistant Sessions Judge, after having heard both sides, framed charge against accused Nos.1 to 5, 7, 8 and 10 to 17 for the offences punishable under Sections 143 , 147 , 148 , 149 , 452 , 427 , 324 , 307 and 436 of the IPC and Section 3 of the Explosive Substances Act. The charge was read over to which all the accused pleaded not guilty.