BENNY P. JACOB Vs. RAJESH KUMAR UNNITHAN

JUDGEMENT

(1.) Crl.R.P No.656 of 2010 is a victim revision filed by Benny P. Jacob who is the brother of the deceased and Crl.Appeal No. 305 of 2014 is preferred by State of Kerala. Both these cases are filed challenging the judgment passed by the Additional Sessions Judge, Manjeri in S.C. No.151 of 2008 dated 15/09/2009 by which the accused Rajeshkumar Unnithan was acquitted of all charges levelled against him.

(2.) At the very outset, it can be seen that the appeal preferred by the State is defective as it was not preferred by the State Public Prosecutor. In State of Kerala v. Krishnan, 1981 KerLT 839 a Division Bench of this Court after considering the question as to whether the Government can direct the Advocate General to prefer an appeal against acquittal, it was held that in terms of S.378(1), of the Criminal Procedure Code, the State has to file an appeal before the High Court against an order of acquittal through the Public Prosecutor of a High Court appointed by the State Government or Central Government u/s 24(1) of the Cr.P.C. and nobody else can present the appeal even if there is a direction by the State. For that reason, the appeal filed by the State is incompetent and has to be rejected as not maintainable. Hence, we are concerned with Criminal Revision Petition only at present.

(3.) Case of the prosecution is that on 03/08/2005 at about 11.45 p.m., accused trespassed into the courtyard of the house of the deceased Johny situated at Pathirappadam, with an intention to kill PW4 who is the Revision Petitioner herein, and in fact made an attempt on his life by stabbing on his chest and back with a dagger due to which PW4 sustained serious injuries. When Johny intervened and tried to separate them, accused stabbed him with a dagger on his chest and abdomen with the intention to kill him. As a result of the said injuries, Johny died. Motive for the crime is alleged to be the scandals spread by PW4 Benny about the lady love of the accused.