VARGHESE KOCHETH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 5th accused in Crime No. 171/2004 of the Pathanamthitta Police Station registered for the offence punishable under S.394 of the Indian Penal Code. On investigation, a final report was filed for the offences punishable under S.120B, S.307 and S.394 IPC. It seems that the role of the petitioner is only limited to the offence punishable under S.120B IPC, read with other offences.

(2.) A1, A4 and the petitioner were absconding. The trial against A2 and A3 alone was proceeded with as SC No. 319/2007 and the same has ended in an acquittal through Annexure - C judgment passed by the Additional Sessions Court - II Pathanamthitta. The case against the petitioner is presently pending as SC No. 703/2012.

(3.) The learned Senior Counsel for the petitioner has pointed out that no purpose would be served in proceeding with the trial in SC No. 703/12 and in fact the personal appearance of the petitioner itself is not required. It seems that the Court below has chosen to frame charges in the case. In such a case, the personal appearance of the petitioner to answer the charge is required and the same cannot be dispensed with. On going through the facts and circumstances of the case, and considering the seriousness of the allegations against the petitioner, this Court is of the view that the petitioner cannot be permitted to evade the trial based on the judgment passed by the Court below in SC No. 319/2007; whereas he has to face the trial in the matter.