KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST accused in C.C.179/91 on the file of the Judicial First Class Magistrate, Ramankary is challenging the order of the Sessions Judge, Alappuzha in Crl.R.P.40/93 whereunder the learned Sessions Judge set aside the order of acquittal passed by the learned Magistrate and remitted the case back to the Magistrate for fresh disposal.

(2.) THE charge against the petitioner and the second accused was that on 5.4.1991 at about 11 a.m. they trespassed into the property of P.W.2 Thankamma and the second accused committed mischief by cutting two trees and when P.W.2 attempted to obstruct it, petitioner/first accused beat her and both the accused thereby committed offences under Sections 447, 427, 323 read with Section 34 I.P.C. The second accused absconded and therefore case against him was split up and only the first accused was tried. Petitioner pleaded not guilty. The prosecution examined 8 witnesses and marked Exts.P1 to P5 and both identified M.O.I chopper. On this evidence, the learned Magistrate found the first petitioner not guilty and acquitted him under Section 255(i) Cr.P.C. P.W.2 the de facto complainant challenged the order of acquittal before the learned Sessions Judge in Crl.R.P.4093. The learned Sessions Judge on appreciating the evidence found that there is clear failure of justice as learned Magistrate has given importance to trivial matters and minor contradictions which do not go to the root of the case. Therefore the order of acquittal passed by the learned Magistrate is set aside and the case was remanded for 'reappreciation of evidence' and disposal of the case according to law. It is challenging that order the first accused preferred this revision.

(3.) THE learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.