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2019 Supreme(Ker) 354

T.V.ANILKUMAR
Sajan Mathew – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. S.SACHITHANANDA PAI
For the Respondent: SRI SWAMIDHAS K.N., Adv.

ORDER :

The order under challenge in this proceeding initiated under Section 482 of Code of Criminal Procedure 1993 (for short the Code) is one passed by the Grama Nyayalaya, Kattappana registering M.C No. 11/2018 in ST No. 154/2017 against the petitioner following its decision to proceed against him under Section 344 of the Code.

2. The petitioner is a defence witness in ST.No. 154/2017 examined as DW1 before the Grama Nyayalaya, Kattappana on 04.12.2018. The prosecution case against accused in ST No.154/2017 is that on 16.11.2017 at 5pm, he drove a private Stage Carrier Bus along a place called Puliyanmala causing the death of one Shahina, who was travelling in a scooter driven by her husband.

3. What the accused sought to establish through his defence witness, the petitioner herein, was that the accident was the result of negligence of the scootorist and the petitioner had occasion to witness the true incident since he too was a passenger in the bus.

4. After recording the deposition of the petitioner and also watching his demeanour in the witness box, it appeared to the Grama Nyayalaya that the petitioner was uttering false hood with the sole intention of saving the accused from th
















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