GOPALA KRISHNAN Vs. STATE

JUDGEMENT

(1.) Petitioners, 20 in number, are accused in S.C. 67/87 pending before the Assistant Sessions Judge's Court, Kottarakkara. They stand charged with offences under S.143, 147, 148, 332, 307 and 427 IPC and also under S.2(1)(a) and 3 of the Prevention of Damages to Public Property Act. The case was posted for trial from 6-6-1988 onwards. The Assistant Public Prosecutor filed Criminal M.P. No. 144/88, under S.321 of the Code of Criminal Procedure praying for permission to withdraw the case. The Lower Court dismissed that petition by order dated 7-6-1988. That order is under challenge.

(2.) The prosecution version of the incident which led to the case is as follows. The then opposition Parties in Kerala called for a Kerala Bandh to be observed on 7-10-1985. The accused are followers of those opposition parties. For making the Bandh a success at any cost they wanted to cause obstruction to the vehicular traffic on the Kottarakkara-Oyoor Road. They placed huge rubbles and boulders on the road during the night between 6-10-85 and 7-10-85. Charge witnesses 1 to 6 and 17 who are police officials were engaged in patrol duty during that night. While they came along the road in police jeep bearing Regn. No. KLV 3170 they saw the accused placing obstructions on the road. In discharge of their official duty they wanted the accused to remove those obstructions. The accused retaliated and attacked the police-men with dangerous weapons like swords, sticks etc. They also pelted stones at the police party and at the Government vehicle. The policemen sustained injuries and the police jeep was extensively damaged. Hence the charge.

(3.) When the case came up for trial, as stated earlier, the Asst. Public Prosecutor moved Crl. M.P. 144/88 seeking permission to withdraw the prosecution. The contents of the petition is summarised by the court below as: