V.P.KUNHISOOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in WP(C) No. 22676/2010 is the appellant. He challenges judgment dated 15/2/2019 by which a learned Single Judge had dismissed the writ petition filed by him. Petitioner was suspended from service on 28/7/2001, while working as High School Assistant (Natural Science) in an aided school as he was involved in a criminal case alleging offence under Sections 143 , 147 , 148 , 506(ii) , 302 and 427 of I.P.C. r/w S.109 and 149 I.P.C . and under Sections 3 and 5 of the Explosive Substances Act and S.27(2) and (3) of the Arms Act . He was acquitted by the trial Court as per judgment dated 29/8/2006 in SC No.705/2003. The State filed appeal against the judgment of the Sessions Court against the order of acquittal. Those accused who were convicted also preferred separate appeal. The State appeal was dismissed confirming the acquittal of the petitioner and others and the appeal filed by the convicted accused was also allowed setting aside their conviction.

(2.) Learned counsel also placed reliance on various judgments, which are as under:-

(3.) On the other hand, learned Government Pleader Smt.Raji T.Bhaskar, while supporting the judgment of the learned Single Judge, submitted that the acquittal of the petitioner was not an honourable acquittal. He was acquitted only on account of the fact that the witnesses have turned hostile and that apart, this is a case in which sufficient evidence was adduced by the prosecution.