A.C.PAVITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A murder occurred inside Central Prison, Kannur on 6/4/2004. A prison is expected to be a safe place, dehors, its inmates are persons involved in criminal activities. The State is the custodian and the society could repose its faith that the State is able to ensure safe detention of the prisoners and thereby ensure that safety of the polity is not at stake. If not, anarchy will be the result. The State and the officials have a solemn duty to ensure that prisons are administered with its avowed objective of reforming and reintegrating into society the inmates. No arbitrary or ill motivated act can have a place in the matters concerning prisons and the obligation of the State to curb any such undesirable act is absolute. In that backdrop we proceed to consider these appeals.

(2.) The appeals arose on the judgment of conviction and order of sentence of accused Nos.1 to 9 in S.C.No.543 of 2005 on the files of the additional Sessions Judge-III, Thalassery. After trial of 30 accused (accused No.12 has absconded) on a charge under Ss. 143, 147, 148, 324, 326 and 302 read with Sec. 149 of the Indian Penal Code, 1860 (IPC) the trial court convicted Nos.1 to 9 for various offences. Accused Nos.1 to 9 were convicted and sentenced for offences punishable under Sec. 143, 324 and 302 read with Sec. 149 of the IPC. Accused Nos.1, 2, 5, 7 and9 were convicted and sentenced under Sec. 148 of the IPC. Accused Nos.3, 4 6 and 8 were convicted and sentenced under Sec. 147 read with Sec. 149 of the IPC. Accused Nos.1, 7 and 9 preferred Crl.Appeal No.935 of 2019, accused Nos.2, 3 and 4 filed Crl.Appeal No.1061 of 2019 and accused Nos.5, 6 and 8 filed Crl.Appeal No.1131 of 2019, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code) assailing the conviction and sentence imposed on the respective appellants.

(3.) During pendency of these appeals, accused Nos.1 and 7, who are appellant Nos.1 and 2 in Crl.Appeal No.935 of 2019 expired and no one has come forward to prosecute their appeal, despite fine also forms part of the sentence.