THAMPI JELESTIN Vs. CHELLAMMA CROSILAMMA

JUDGEMENT

(1.) This is a petition put in by the complainant in Sessions Case no. 46 of 1984 on the file of the Sessions court, Trivandrum for condonation of the delay of 80 days in filing the special leave application under Section 378 (4) of the Criminal Procedure Code against the order of acquittal in that case.

(2.) The occurrence which resulted in Sessions Case Nos. 45 and 46 of 1984 took place on 1-5-83 in which three persons died. The present petitioner and 5 others belonging to the opposite wing claimed to have sustained injuries in the course of the same transaction.

(3.) On the basis of the incident which resulted in the death of three persons Crime No. 45/84 was registered, investigated and charge-sheeted against the petitioner and other persons. That is the case which was tried as Sessions Case No. 45/84. Even though the petitioner also gave first information to the police, it is said that no crime was registered. Therefore, he filed a private complaint on 16.5.83, the Magistrate forwarded the same to the police under Section 156(3) of the Criminal Procedure Code. Crime No. 40/83 was registered and investigated. Finally that case was referred. Subsequently, the petitioner filed a private complaint which was also committed to the Sessions Court. That is the case which was tried as Sessions Case 46/84 along with the other case.