IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 CRL.A NO. 1851 OF 2011 AGAINST THE ORDER/JUDGMENT CRA 326/2009 OF I ADDITIONAL SESSION COURT KOLLAM, ST NO.50/2009 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-IV, KOLLAM Crl.L.P. 825/2011 OF HIGH COURT OF KERALA APPELLANT/S:

M.K.SHAJAHAN, SHAN MANZIL THATTARKONAM PO, KOLLAM.

BY ADV SRI.O.V.MANIPRASAD RESPONDENT/S:

1 SHAFEEK, S/O.THAJUDEEN SHAMNA MANZIL, T.K.M C PO, KOLLAM PIN 691 005.

2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY ADVS.

SRI.S.SUNIL NARAYANAN - R1 SRI.SAJJU.S SMT.SEETHA.S, PUBLIC PROSECUTOR - R2 THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C. S. DIAS, J.

-------------------------

Crl.A. No.1851 of 2011 -------------------------

Dated this the 27^th day of November, 2023

JUDGMENT

The appeal is filed questioning the legality and correctness of the judgment in Crl.A No.326/2009 of the Court of the First Additional Sessions Judge, Kollam (Appellate Court) holding the first respondent/accused not guilty and acquitting him for