STATE Vs. BABU THOMAS

JUDGEMENT

(1.) These two Criminal Miscellaneous Cases are connected and therefore, I am disposing these cases by a common order. I will narrate the facts in Crl.M.C.No.746/2020 first.

(2.) Crl.M.C.No.746/2020 is filed by the State of Kerala challenging Annexure-4 order of the Judicial First Class Magistrate Court, Devikulam. Annexure-4 is an order dtd. 19/9/2019 in C.M.P. No.1596/2019 in C.C.No.49/2014 on the file of the Judicial First Class Magistrate Court, Devikulam. The above petition was filed by the State of Kerala through its Assistant Public Prosecutor before the learned Magistrate under Sec. 323 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.). The case of the petitioner is that C.C.No.49/2014 is a complaint filed by the Deputy Range Officer, Marayoor Forest Station, against the respondents in that petition, for the offences punishable under Ss. 27(1) (e)(iii) and (iv) of the Kerala Forest Act, 1961, alleging that the respondents committed theft of about 200 kgs of sandal wood from Marayoor Sandal Reserve Forest. Respondents 1 and 2 are no more. In connection with the death of the 1st respondent Babu Thomas in that petition, Crime No.147/2006 was registered by the Marayoor Police under Sec. 174 Cr.P.C. The above case was subsequently investigated by the District Crime Branch, Idukki, and submitted a final report alleging offences punishable under Ss. 143, 147, 148, 109, 114, 348, 330, 218, 201, 120 B and 302 read with Sec. 149 of the Indian Penal Code. The prosecution case is that on 23/11/2006, the forest officers, after arresting the 1st respondent Babu Thomas, physically assaulted him and due to the grave injuries sustained because of the physical torture, he died on the way to hospital. Based on the charge sheet, the case was committed to the Sessions Court and now the same is pending before the Sessions Court, Thodupuzha, as S.C.No.262/2010.

(3.) The forest case registered as C.C.No.49/2014 arising from OR No.15/2006 was filed by the Deputy Range Officer, Marayoor Forest Station, under Sec. 27(1)(e)(iii) and (iv) of the Kerala Forest Act. The learned Magistrate has taken cognizance of the same and the case is now pending as C.C.No.49/2014, which is posted for pre-charge evidence. The deceased and CW2 to CW4 in S.C.No.262/2010 on the file of the Sessions Court, Thodupuzha are the accused in C.C.No.49/2014 pending before the Judicial First Class Magistrate Court, Devikulam. The witnesses namely CW11, CW20, CW21 and CW22 as well as the accused in S.C.No.262/2010 are the witnesses in C.C.No.49/2014 pending before the learned Magistrate. Therefore, according to the State, the witnesses to be examined and documents to be adduced in evidence in both these cases are connected. Therefore, for the proper decision of both the cases and in the interest of justice, it is inevitable to try S.C.No.262/2010 pending before the Sessions Court, Thodupuzha along with C.C.No.49/2014 pending before the Judicial First Class Magistrate Court, Devikulam is the submission. Hence the State filed an application under Sec. 323 Cr.P.C. before the Judicial First Class Magistrate Court, Devikulam, to commit the case to the Sessions Court for trying along with S.C.No.262/2010 pending before the Sessions Court, Thodupuzha. The learned Magistrate dismissed the same as per Annexure-4 order. Aggrieved by the same, this criminal miscellaneous case is filed by the State. The same order is challenged in Crl.M.C.No.947/2020 by the victim, who is the father of the deceased in S.C.No.262/2010 on the file of the Sessions Court, Thodupuzha. Annexure-F in Crl.M.C.No.947/2020 is Annexure-4 in Crl.M.C.No.746/2020. Aggrieved by the order passed by the learned Magistrate in the petition under Sec. 323 Cr.P.C., these criminal miscellaneous cases are filed by the State and the victim.