SUNIL RAJ Vs. GOPAN S/O MANUAL

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.193/2013 of Valiyamala Police Station (Annexure-2), a case which was registered on 16.04.2013. The petitioner's father was the 1st accused. After completing the investigation, Annexure-4 final report was filed as against the 1st accused alone, because the petitioner was at that time reported to be absconding. Judicial First Class Magistrate Court-I, Nedumangad took cognizance of the case against the 1st accused alone as C.C.No.1493/2013 for having allegedly committed the offences punishable under Sections 341, 323, 324 and 427 read with Section 34 of I.P.C. and under Section 27 of the Arms Act. In the above-mentioned final report, the investigating officer had mentioned that the 2nd accused was absconding with the weapon, which could not be recovered, a separate final report against him would be filed soon after he is apprehended. However, the petitioner was never arrested and the final report against him is yet to be filed.

(2.) The trial against the 1st accused proceeded before the Judicial First Class Magistrate Court-I, Nedumangad and vide judgment dated 22.09.2015 at Annexure-7 the trial court found him guilty of committing the offences punishable under Sections 323, 324 and 341 of I.P.C.; while acquitting him for rest of the offence in the charge sheet.

(3.) The convicted 1st accused challenged Annexure-7 judgment by filing Crl.Appeal No.299/2015 before the Additional Sessions Court-II, Thiruvananthapuram. The appeal was allowed, the conviction and sentence was set aside and the appellant/1st accused was acquitted vide Annexure-8 judgment.