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2025 Supreme(Ker) 3084
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ.
Manden Babinesh S/o Janardhanan @ Babu – Appellant
Versus
State of Kerala – Respondent
Crl. Appeal No. 16 of 2019
Decided On : 16-12-2025
For the Appellants : P. Vijaya Bhanu, Vishnu Prasad Nair, P.M. Rafiq, M. Revikrishnan
V.C. Sarath, Vipin Narayan, Thomas J. Anakkallunkal, Ajeesh K. Sasi, Pooja Pankaj, Sruthy N. Bhat
For the Respondent: T.R. Renjith
The court emphasized the necessity of credible witness testimony in establishing guilt, ruling that the lack of reliable evidence led to the acquittal of the accused.
Headnote:(A) Indian Penal Code - Sections 143, 147, 148, and 302 read with 149 - Unlawful assembly leading to rioting and homicide - Appeal by accused against conviction - Trial court found accused guilty based on witness testimonies but ignored critical evidence issues regarding identification - Importance of credible testimony in establishing guilt - (Paras 2-12)
(B) Evidence - Witness credibility and reliability - The trial court failed to adequately establish the identity of the accused and their connection to the crime, leading to doubts about the prosecution case. (Paras 7, 8, 10-12)
Facts of the case:
Accused were convicted for the murder of the deceased post an altercation involving the first accused. Witnesses were inconsistent in identifying the accused. The trial court sentenced certain accused to life imprisonment among other penalties.
Findings of Court:
The appeal was allowed, and the judgment of the trial court was set aside due to lack of reliable evidence connecting the accused with the crime.
Issues: The main issues revolved around the credibility of witness testimonies and the admissibility of identification.
Ratio Decidendi: The court concluded that witness testimonies lacked credibility and did not sufficiently establish a connection between the accused and the crime, necessitating the overturning of the trial court's judgment.
Result: Appeal allowed; accused set at liberty.
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3) |
| 2. analysis of trial court's findings. (Para 4 , 7 , 8) |
| 3. sentencing and trial progress. (Para 5 , 6) |
| 4. credibility issues with witness testimonies. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
1. This appeal, that is preferred on behalf of the appellants who were arrayed as accused nos.1, 3, 5, 6, 7, 10 and 12 in Crime No.712 of 2009 of Kannur Town Police Station, impugns the judgment dated 30.11.2018 of the Additional Sessions Judge–I, Thalassery in S.C.No.497 of 2011.
2. The prosecution case was that, enraged by an altercation that took place between the 1st accused and the deceased at 8.00 p.m. on 28.09.2009 at a street food shop near Kavitha cinema theatre at Kannur, the 1st accused, together with others, formed an unlawful assembly and arrived at the road in front of a theatre complex named 'Savitha Talkies' at Kannur at about 11.00 p.m. on 28.09.2009 and committed rioting and attacked the deceased Jyothish and his friend PW1 Sarath when they came outside Savitha Talkies, after watching a second show movie. The unlawful assembly comprising of the 1st accused and others attacked the deceased Jyothish and PW1 Sarath when they came out of the theatre on a motorbike bearing Regn.No.KL.13A/1330, and in the course of the attack, the deceased was stabbed and beaten using swords and iron rods. The deceased died as a result of the injuries at the hospital where he was taken to immediately after the attack.
3. A crime was registered as Crime No.712 of 2009 of the Kannur Town Police Station based on the First Information Statement given by PW1. Thereafter, the investigation in the crime followed, and pursuant to that, a final report was filed against the accused, alleging commission of offences punishable under Sections 143 , 147, 148 and 302 read with 149 of the INDIAN PENAL CODE [IPC]. The final report was thereafter filed before the Court of the Judicial First Class Magistrate-I, Kannur, wherein, it was numbered as C.P.No.16 of 2011. Thereafter, the committal court, after complying with the necessary procedure, committed the case to the Court of Sessions, Thalassery, which made over the case to the Additional Sessions Judge-I, Thalassery, for trial and disposal.
4. The accused appeared before the court where the charges framed against the accused were read over to them, and to which, they pleaded not guilty. In the trial that followed, the prosecution examined PW1 to PW19 and marked Exts.P1 to P22 documents. MO1 to MO7 were also identified. After the culmination of the prosecution evidence, the accused were examined under Section 313 of the Code of Criminal Procedure [Cr.P.C.], when they denied the incriminating circumstances appearing against them in the evidence led by the prosecution. Thereafter both sides were heard under Section 232 of the Cr.P.C. When on finding that there was no sufficient ground made out to acquit the accused at that stage, they were called upon to enter on their defence.
5. On the side of the accused, DW1 to DW4 were examined and Exts.D1 to D5 were marked. On the culmination of the evidence led by the defence, the learned counsel on both sides were heard and the judgment rendered by the trial court finding accused nos.1, 3, 5, 6, 7, 10 and 12 guilty of the charges laid against them and acquitted accused nos.2, 4, 8, 9 and 11 after finding them not guilty of the charges against them. Accused nos.1, 3, 5, 6, 7, 10 and 12 were thereafter sentenced to undergo imprisonment for life and to pay fine of Rs.1,00,000/- [Rupees One Lakh only] each under Section 302 IPC, in default of payment of fine to undergo rigorous imprisonment for 1 year each and to undergo rigorous imprisonment for 6 months each under Section 143 IPC and to undergo rigorous imprisonment for 2 years each under Section 147 IPC. Accused nos.3, 5, 6, 7 and 12 were further sentenced to undergo rigorous imprisonment for 3 years each under Section 148 of IPC. The
