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2024 Supreme(Online)(KER) 18744

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
REGHUNATHA KURUP – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

This petition is under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), seeking to quash the proceedings initiated by the Sessions Judge against the petitioner under Section 344 Cr.P.C for giving false evidence.

2. Petitioner is alleged to have given the first information statement in Crime No.652/2007 of Chathannoor Police Station, alleging the commission of the offence under Section 302 of the Indian Penal Code, 1860. After investigation, the case was tried as S.C. No.937/2009 on the files of the Additional Sessions Court-II Kollam. While being examined as PW1 during the trial of the said sessions case, petitioner denied his signature in the first information statement and submitted that he had not seen the incident. Petitioner was declared hostile to the prosecution, and he was cross-examined with the permission of the court. Later, the Investigating Officer asserted that the writings on the FIS and the signature is that of the petitioner. The Sessions Court thereafter recalled PW1 and examined him and obtained his specimen signature. While acquitting the accused as per judgment dated 31.05.2012, the learned Sessions Judge observed that the petition

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