KRISHNAN Vs. KUNHAMBU NAIR

JUDGEMENT

(1.) This criminal revision is at the instance of the person referred to by the courts below as 'the de facto complainant', M. Krishnan, examined in the case as Pw. 1. Sessions Case No. 58 of 1978, registered against seven accused on the basis of the complaint of Pw. 1 and for offences punishable under S.143, 147, 148, 448, 326, 324. 427 and 307 read with 149 of the Indian Penal Code, ended in a conviction as against four of them, accused 1, 2, 4 and 5.

(2.) The prosecution case was neatly analysed and considered in a commendably lucid judgment of the Assistant Sessions Judge.

(3.) Those who were so convicted and sentenced, took up the matter in appeal. The Sessions Judge allowed the appeal on the ground of defect in the charges framed. What is more, he even foreclosed a retrial.