LIBI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M. C has been filed to expunge the remarks/ strictures made against the petitioner in the judgment dtd. 3/8/2019 in S.C. No.580/2016 passed by the Assistant Sessions Court (Additional), Palakkad (for short, 'the trial court').

(2.) The petitioner was working as the Station House Officer (SHO) at Walayar Police Station, Palakkad in the year 2015. A crime was registered by the Walayar Police Station, Palakkad on 2/4/2003 as Crime No.89/2003 against fifteen accused persons alleging offences punishable under Ss. 143, 147, 148, 341, 323, 324 and 308 read with Sec. 149 of the Indian Penal Code (IPC). The investigation was taken up by the then SHO of Walayar Police Station, Palakkad, namely, Sri. N. K. Kumaran and he submitted the final report before the Judicial First-Class Magistrate Court-I, Palakkad. The final report was returned by the learned Magistrate on 21/7/2003 noting that the wound certificate of CW2 was not produced along with the final report. Later, in the year 2015, the final report was resubmitted before the Magistrate, and it was taken on file as C.P. No.43/2016. Thereafter, the case was committed to the Sessions Court, Palakkad, numbered as S.C. No.580/2016 and was subsequently made over to the trial court.

(3.) The prosecution case in short is that on 1/4/2003 at about 11 pm, all the accused formed an unlawful assembly, committed rioting with dangerous weapons in front of the Primary Health Center, Kanjikode, restrained CWs 1 to 4, voluntarily caused hurt to them, the 1st accused stabbed CW1, the 2nd accused stabbed CW2, and the 6th accused stabbed CW3.