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2005 Supreme(Ker) 609
Judges : K.PADMANABHAN NAIR,V.RAMKUMAR
Kattintavida Suresh - Appellant
Versus
State of Kerala, Represented by Public Prosecutor - Respondent
Case No : Crl.A.No.182 of 2003 (A)
Decided On : 10/06/2005
Advocates Appeared :
For the Appellants: P. Vijaya Bhanu, Tony Mathew, Advocates. For the Respondent: Sujith Mathew Jose, Public Prosecutor.
The main legal point established is the requirement for proper framing of charges, adherence to procedural requirements, correct sentencing, and marking of crucial evidence to ensure a fair trial and just decision.
Headnote:
Explosive Substances Act - Conviction under Sections 143, 147, 148 and 302 I.P.C. read with Sections 3 and 5 of the Explosive Substances Act
Fact of the Case:
Accused were convicted for offences related to a political enmity incident involving an unlawful assembly, rioting, and use of explosive substances resulting in fatal injuries and death.
Finding of the Court:
The court found several illegalities and infirmities in the trial court's proceedings, including improper framing of charges, failure to follow procedural requirements, and incorrect sentencing.
Issues: The issues included improper framing of charges, failure to follow procedural requirements, incorrect sentencing, and failure to mark crucial evidence.
Ratio Decidendi: The court identified various illegalities and infirmities in the trial court's proceedings, including improper framing of charges, failure to follow procedural requirements, incorrect sentencing, and failure to mark crucial evidence, leading to the decision to set aside the judgment and remit the matter to the trial court for disposal according to law.
Final Decision: The judgment under appeal was set aside, and the matter was remitted to the trial court for disposal according to law without the need for a re-trial or de-novo trial.
Ramkumar, J.
Accused Nos.1 to 9 in Sessions Case No.143/98 on the file of the Addl. Sessions Judge (Adhoc I), Thalassery are the appellants in this appeal. They challenge the conviction entered and sentence passed against them by the aforesaid Court for offences punishable under Sections 143, 147, 148 and 302 I.P.C. read with Sections 3 and 5 of the Explosive Substances Act.
2. The case of the prosecution can be summarized as follows:-
On 10-3-1995 at about 9 p.m. the accused who are C.P.M. loyalists, out of their enmity towards Chembattarathinmel Kelu, P.W.1 (Krishnan), P.W.3 (Raveendran) and C.W.3 (Gopi) who are workers and sympathizers of B.J.P., formed themselves into members of an unlawful assembly, the common object of which was to commit rioting armed with deadly weapons, to cause hurt to the aforesaid persons using country bombs and to commit the murder of the said persons who were sitting on the steps leading to Koovendavalappil house at K.C. Mukku in Puthur amsom Kootteri desom belonging to P.W.1 and in prosecution of the aforesaid common object of the said assembly, the accused threw bombs at the aforementioned persons. Kelu referred to above sustained fatal injuries on account of the explosion of the bomb and he succumbed to the same in the same night and PW.3 sustained injuries. The accused have thereby committed offences punishable under Secs.143, 147, 148, 324, 307 and 302 read with Sec.149 I.P.C. and Secs.3 and 5 of the Explosive Substances Act, 1908.
3. On the accused pleading not guilty to the charge framed against them by the Court below for offences punishable under Secs.143 I.P.C. Sec.5 of Explosive Substances Act read with Sec.149 I.P.C. Sec.302 read with Sec.149 I.P.C. and Sec.3 of the Explosive Substances Act read with Sec.149 I.P.C., the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 15 witnesses as P.Ws.1 to 15 and got marked 14 documents as Exts.P1 to P.14 and 7 material objects as M.Os.1 to 7.
4. After the close of the prosecution evidence, the accused were questioned under Sec.313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. The first accused stated as follows:-
He is innocent. There is absolutely no connection with the occurrence and himself. On the relevant dates he was an inpatient in the Medical College Hospital, Kozhikode. The case was foisted out of political enmity.
5. The 2nd accused stated that he is a C.P.M. Worker and he was falsely implicated out of political enmity.
6. The 3rd accused stated that they are B.J.P. workers and the opposite party belong to the C.P.M. and the case was taken out of political enmity.
7. The 4th accused stated that he has not committed any offence.
8. The 5th accused stated that during the time of occurrence he was in his own medical store and that he has not committed any offence.
9. The 6th accused stated that he is innocent and he was falsely implicated due to political enmity.
10. The 7th accused also toed the line of the 6th accused.
11. The 8th accused stated that at the time of the alleged occurrence he was at his own residence and the younger brother of deceased Kelu was in his house and he was falsely implicated out of political enmity.
12. The 9th accused stated that he is innocent and he was made an accused out of political enmity.
13. After the examination of the accused under Sec.313 Cr.P.C., the learned Addl. Sessions Judge without hearing the prosecution and the defence under Sec.232 Cr.P.C., called upon the accused to enter on their defence. They examined three witness as D.Ws.1 to 3 and got marked as Exts.D1 to D3.
14. The Court below, after trial, as per judgment dated 9-1-2003 found all the accused guilty under Secs.143, 147, 148 and 302 read with Sec.149 I.P.C. and Sections 3 and 5 of the Explosive Substances Act. For the conviction under Section 30
