JOSE PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The newly added accused in S.C.No.716/12 on the file of the Additional Sessions Court, No-II, Kozhikode has filed this revision challenging the order in Crl.M.P.No.3577/2014.

(2.) The case of the prosecution in nutshell was that accused persons in furtherance of their common intention of committing murder of the de facto complainant on 11.04.2012 at 9.30 p.m inflicted injuries on the de facto complainant and caused serious injuries to him and thereby, they have committed the offence punishable under Section 307 read with Section 34 of Indian Penal Code.

(3.) The case was originally registered as Crime No.59/2012 of Kodenchery Police Station on the basis of the statement given by the de facto complainant against two accused persons including the present petitioner alleging offences under Section 307 read with Section 34 of Indian Penal Code. During investigation, the investigating officer filed Annexure V report stating that second accused shown in the First Information Report who is the present petitioner has not involved in the crime and he has been attempted to be falsely implicated in the case at the instance of the de facto complainant and his friends and his mobile tower location shows that, there was no possibility for him to be present there at that time and filed a report to delete him from the array of accused and after investigation, final report was filed only against the first accused confining the offence Section 307 of Indian Penal Code alone. After committal, the case was taken on file as S.C.No.716/12 by the Sessions Judge, Kozhikode and it was made over to Second Additional Sessions Court, Kozhikode for disposal. The original first accused appeared and charge was framed against him and thereafter, PWs 1 to 4 were examined and Exts.P1 to P3 were marked on the side of the prosecution. During the trial, these witnesses deposed the role played by the present petitioner as well and so, the Additional Public Prosecutor filed Annexure III petition under Section 319 of Code of Criminal Procedure to implead the present petitioner also as an additional accused and that was allowed by the learned Additional Sessions Judge by impugned Annexure IV order and the present petitioner was implicated as second accused and summons was ordered to him. This order is being challenged by the revision petitioner before this court.