ABDULLAH Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner herein is the seventh accused in Crime No.347/2010 of Paravoor Police Station, Kollam for offences punishable under sections 148, 144, 147, 452, 324, 506(1), 427, 308 and 34 of the Indian Penal Code, has approached this court to quash the proceedings in LP.No.11/2017 in SC.No.612/2012 pending before the Principal Assistant Sessions Court, Kollam.

(2.) The crux of the prosecution allegation was that on 25.3.2010, at 7.45 pm., the petitioner herein, along with several other persons formed into an unlawful assembly armed with country stick and iron rod and trespassed into the house of CW1. Thereafter, they inflicted serious bodily injuries on CW2, with an intention of causing her death. Crime was registered and after investigation, final report was laid. Cognizance was taken and all the accused except the petitioner herein and accused Nos.2 and 13, who were juveniles faced the trial in SC.No.612/2012, 973/2012, 7/2014 and 562/2015. All the above accused were acquitted after the trial. The case against the petitioner herein was split up. Since the petitioner herein was not available, it was consigned to the LP register as LP.No.11/2017. The petitioner herein has approached this court to quash the proceedings on a premise that in the light of the acquittal of the remaining accused, the substratum of the case has been shattered and the petitioner herein is entitled for the benefit of acquittal of the co-accused.

(3.) The learned Public Prosecutor on instructions submitted that Annexure-A2 judgment was not subject to any appeal.