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2019 Supreme(Online)(KER) 63848

ASHIK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['C R JAYAKUMAR', '', 'NOBEL RAJU', 'S K PRADEEP']

Dated this the 4th day of December, 2019

Petitioner is the 3rd accused in Crime No.1128/2013 of

Kollam West Police Station for having allegedly committed offences

punishable under Sections 143,147,148,341,324,294(b),427 and 307

read with Section 149 of the I.P.C. The parent case was taken on file

of the Additional Assistant Sessions Court, Kollam as

SC No. 320/2016 and vide judjment dated 21.11.2018 at Annexure-8.

The accused is faced a trial were found not guilty and acquitted. In

the judjment it is seen that, the injured and the eye witnesses were

examined but all of them turned hostile in support of the prosecution

case. They have been specifically testified that they cannot identified

their assailance. Report has also been filed by the Investigating

Officer through the Senior Public Prosecutor. The defacto complainant

is the 3rd respondent and he has appeared through counsel and filed

an affidavit to the effect that the matter has been settled with the

petitioner and he has no grievance against him.

There is no public interest involved. In view of the

acquittal of the accused to be faced and trialed and in view of the

3

settleme

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