STATE Vs. KUNJAN PILLAI AIYAPPAN PILLAI

JUDGEMENT

(1.) The question raised in this Petition relates to the jurisdiction of the High Court to review or alter its judgment in a criminal case. The Petition is filed by the State under S. 470 of the Travancore Code of Criminal Procedure to modify the direction in the judgment in Referred Trial No. 20 of 1123 and Criminal Appeal No. 136 of 1123 on the file of the erstwhile Travancore High Court. The judgment in that case was by a Bench of that Court consisting of Sankarasubbier and Habeeb Mohammad, JJ. The accused was convicted by the Sessions Court of Parur of offences punishable under S.301, 326 and 324 T.P.C. for murdering his wifes brother and for causing grievous hurt to his wife and simple hurt to another brother of his wife, and was sentenced to rigorous imprisonment for life for the offence under S.301, rigorous imprisonment for one year for the offence under S.326 and rigorous imprisonment for three months for the offence under S.324, the sentences being directed to run concurrently. The High Court, while upholding the finding of the Sessions Judge that the accused committed the acts attributed to him, accepted the defence plea of insanity and set aside the conviction and sentence entered by the Sessions judge and made the following direction under S.384 of the Travancore Code of Criminal Procedure:

(2.) Accordingly two relatives of the accused executed a bond undertaking to produce him whenever called upon to do so by Government and he was entrusted to their care. A report to that fact was also sent to Government.

(3.) In this Petition it is contended on behalf of the State that the High Court had no jurisdiction to keep the accused in the custody of his relatives and that the Court was bound under S.384 Criminal Procedure Code to detain him under safe custody in such place and manner as the Court thought fit. It is argued that keeping the accused in the custody of his relatives is not the same thing as detaining him in safe custody. This question was considered by the learned Judges when they made the direction mentioned above. This is what they say in the judgment: