{"id":66446,"date":"2010-03-31T00:00:00","date_gmt":"2010-03-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kunhiraman-vs-state-of-kerala-on-31-march-2010"},"modified":"2017-08-20T12:09:07","modified_gmt":"2017-08-20T06:39:07","slug":"kunhiraman-vs-state-of-kerala-on-31-march-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kunhiraman-vs-state-of-kerala-on-31-march-2010","title":{"rendered":"Kunhiraman vs State Of Kerala on 31 March, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Kerala High Court<\/div>\n<div class=\"doc_title\">Kunhiraman vs State Of Kerala on 31 March, 2010<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCRL.A.No. 1437 of 2003()\n\n\n1. KUNHIRAMAN, S\/O. KANARA KURUP,\n                      ...  Petitioner\n2. SREEDHARAN, S\/O. KRISHNA KURUP,\n3. CHINNAN, S\/O. KANARA KURUP,\n4. PREMAN @ PREMARAJAN, S\/O. KANARA KURUP\n5. RAJEEVAN, S\/O. POKKAN, AGED 28 YEARS,\n6. BABU, S\/O. KANARAN, AGED 30 YEARS,\n7. BALAKRISHNAN, S\/O. KUNHIRAMAN, AGED\n8. BALAN, S\/O. KELAPPAN NAMBIAR,\n9. KUNHIRAMAN, S\/O. KANNAN,\n10. BABU, S\/O. CHOYI (LATE),\n11. CHANDRAN, S\/O. KRISHNAKURUP,\n12. MANI, S\/O. KANARAN, AGED 29 YEARS,\n\n                        Vs\n\n\n\n1. STATE OF KERALA, REPRESENTED BY\n                       ...       Respondent\n\n                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MR. Justice V.K.MOHANAN\n\n Dated :31\/03\/2010\n\n O R D E R\n                             V.K.MOHANAN,J.\n                           ------------------------------\n                      Crl.Appeal No.1437 of 2003\n               -----------------------------------------------------\n              Dated this the 31st         day of March, 2010\n\n                                 JUDGMENT\n<\/pre>\n<p>      The appellants, 12 in numbers, preferred the above appeal<\/p>\n<p>challenging their convictions and           sentence vide Judgment dated<\/p>\n<p>26.07.2003 in S.C.No.9\/2001            of Court of Additional District and<\/p>\n<p>Sessions Judge Fast Track (ADHOC-II), Kozhikode for the offences<\/p>\n<p>under Sections 143,147,148, 324, 307, r\/w Section 149 I.P.C.<\/p>\n<p>      2. The prosecution case is that at about 7.30 PM on 6.02.1997<\/p>\n<p>the accused, 12 in numbers, formed themselves into an unlawful<\/p>\n<p>assembly armed with weapons like chopper, stick etc., in the public<\/p>\n<p>road on the south-west to the unnumbered concrete building of<\/p>\n<p>Nhallora Sreedharan on the eastern side of the Ambalakulangara-<\/p>\n<p>Vattakkandippara road in Nittoor desom of Vadayam Amsom, with<\/p>\n<p>the common object       to commit riot and to commit murder of PW1<\/p>\n<p>Asokan due to political enmity and to achieve the object committed<\/p>\n<p>rioting and the first accused cut PW1 with chopper on his hand and<\/p>\n<p>hit behind the left ear when PW1 was proceeding to his house and<\/p>\n<p>thus caused injuries on his hand and hit behind the ear and in the<\/p>\n<p>meantime, A12 beat PW1 with a stick on his leg and thus tried to kill<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003             2<\/span><\/p>\n<p>PW1 and thereby the accused have committed the offences<\/p>\n<p>punishable under Sections 143,147,148, 324,307 r\/w Section 149 of<\/p>\n<p>I.P.C. On the basis of the above allegation Crime No.46\/1997 was<\/p>\n<p>registered in the Kuttiadi Police Station for the above offence against<\/p>\n<p>the accused. After completing the investigation, a report was filed<\/p>\n<p>before the            Judicial Magistrate of First Class, Nadhapuram<\/p>\n<p>whereupon committal proceedings were instituted and by order dated<\/p>\n<p>01.01.2001 the learned Magistrate committed the case to the<\/p>\n<p>Sessions Court. The case was received in the Sessions Court<\/p>\n<p>and instituted          S.C.No.9\/2001 and subsequently made over the<\/p>\n<p>same to the Court of Assistance Session Court, Vadakara and while<\/p>\n<p>the matter was pending there, the case was withdrawn by the<\/p>\n<p>Sessions Court and transferred to the trial court for disposal.<\/p>\n<p>       3. On appearance of the accused, hearing the prosecution as<\/p>\n<p>well as the defence, a formal charge was framed under Section<\/p>\n<p>143,147,148, 324, 307 r\/w Section 149 of I.P.C and the same was<\/p>\n<p>read over and explained to the accused and they denied the charge<\/p>\n<p>and pleaded not guilty. Thereupon the prosecution adduced its<\/p>\n<p>evidence which consists of oral testimonies of PWs. 1 to 12 and the<\/p>\n<p>documentary evidence such as Ext.P1 to P11.            Material objects<\/p>\n<p>MOs.1 and 2 were identified and marked. No evidence either oral or<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003         3<\/span><\/p>\n<p>documentary was adduced by the defence.               The incriminating<\/p>\n<p>circumstances and evidence which emerged during the prosecution<\/p>\n<p>evidence were put to the accused and they denied the same and<\/p>\n<p>they took a stand of total denial and according to them they were<\/p>\n<p>implicated in the crime due to political vengeance. On the basis of<\/p>\n<p>the materials and evidence on record and the rival pleadings, the<\/p>\n<p>trial court formulated two points for its consideration and finally found<\/p>\n<p>that the accused are guilty of the charges framed against them.<\/p>\n<p>Consequently, the accused       Nos.1 to 12 are found guilty of the<\/p>\n<p>offences punishable under Sections 143, 147,148, 324, 307, r\/w 149<\/p>\n<p>of I.P.C and they are accordingly convicted and sentenced to<\/p>\n<p>undergo rigorous imprisonment for 3 months, each for the offence<\/p>\n<p>punishable under Section      143 IPC, rigorous imprisonment for 6<\/p>\n<p>months each for the offence punishable under Section 147 IPC,<\/p>\n<p>rigorous imprisonment for 1 year each for the offence punishable<\/p>\n<p>under Section 148 IPC, rigorous imprisonment for 2 years each for<\/p>\n<p>the offence punishable under Section 324 IPC and rigorous<\/p>\n<p>imprisonment for 3 years and to pay a fine of Rs.10,000\/- and in<\/p>\n<p>default of payment of fine to undergo rigorous imprisonment for 1<\/p>\n<p>year each for the offence punishable under Section 307 r\/w 149 IPC.<\/p>\n<p>If the fine amount is realised pay a sum of Rs.24,000\/- as<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003            4<\/span><\/p>\n<p>compensation to PW1 under Section 357(1) Cr.P.C. Sent the<\/p>\n<p>accused to Central Prison Kannur to undergo the sentence. Set off<\/p>\n<p>the remand period from the total sentence. The accused need to<\/p>\n<p>undergo        the     substantive sentence awarded     under   Section<\/p>\n<p>143,147,148, 324, 307 r\/w 149 IPC. concurrently. It is the above<\/p>\n<p>conviction and sentence challenged in this appeal.<\/p>\n<p>       4. According to the prosecution due to political animosity PW1<\/p>\n<p>was attacked at about 7.30 p.m on 06.02.1997 when PW1 was going<\/p>\n<p>to his house after his work. It is the specific case of the prosecution<\/p>\n<p>that the accused who were awaiting in front of the shop of Nhallora<\/p>\n<p>Sreedharan and on seeing PW1 they came near to PW1 from the<\/p>\n<p>shop, shouting to kill him and thus attacked PW1. When PW1 tried<\/p>\n<p>to escape from the seen, the accused surrounded him and first<\/p>\n<p>accused cut him with a chopper on his hand and the 12th accused<\/p>\n<p>beat him with stick on his leg. Thereupon PW1 pleaded for mercy<\/p>\n<p>and fell on the ground. According to the prosecution in the meantime<\/p>\n<p>the first accused cut him with a chopper on his neck and it hit on the<\/p>\n<p>back side of the left year and caused an injury. On hearing the hue<\/p>\n<p>and cry of PW1, PW2 and others reached to the seen of incident<\/p>\n<p>with torch and then the accused escaped from the seen of<\/p>\n<p>occurrence. It is the further case of the prosecution that immediately<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003          5<\/span><\/p>\n<p>thereafter PW1 was resting on the varandha of ration shop and<\/p>\n<p>within 10 minutes PW3, the brother of PW1, reached at the spot<\/p>\n<p>removed PW1 firstly to the Government Hospital, Kuttiady and from<\/p>\n<p>there to Medical College Hospital, Kozhikode for treatment. PW12,<\/p>\n<p>the Doctor attached to the Medical College Hospital attended him on<\/p>\n<p>06.02.1997 itself and after examining the injured he was admitted as<\/p>\n<p>an inpatient in the hospital. Pursuant to the intimation received from<\/p>\n<p>the Medical College Hospital PW8-the Head Constable attached to<\/p>\n<p>the Kuttiady Police Station went to the Medical College Hospital and<\/p>\n<p>recorded Ext.P1 FI statement of PW1 on the basis of which PW8<\/p>\n<p>registered Ext.P5 FIR for the above offences. Thus PW11, the then<\/p>\n<p>Circle Inspector of Police, Kuttiady took up the investigation and he<\/p>\n<p>proceeded to the seen of occurrence and prepared Ext.P2 scene<\/p>\n<p>mahazar. PW4 is an attester of Ext.P2 scene mahazar. PW9<\/p>\n<p>questioned certain witnesses and recorded their statement and<\/p>\n<p>seized the dress with bloodstain of PW1 as produced by PW3. Thus<\/p>\n<p>he prepared Ext.P3, seizure mahazar of MO1 shirt and MO2 dhoty,<\/p>\n<p>of which PW6 is an attester. PW10             the successor of PW9<\/p>\n<p>questioned PW12 and obtained Ext.P11 wound certificate of PW1.<\/p>\n<p>Ext.P4, is the sketch of the place of occurrence, prepared by PW7<\/p>\n<p>Village Assistant of Kuttiady Village Office. PW11 is the successor in<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003            6<\/span><\/p>\n<p>office of PW10 who completed the investigation and laid the charge<\/p>\n<p>before the court. On the basis of the above materials and the<\/p>\n<p>evidence, the trial court found that the accused are guilty of all the<\/p>\n<p>charges levelled repelling the contentions raised by the defence<\/p>\n<p>during the trial.\n<\/p>\n<p>       5.      I have      heard Mr.Sreedharan Pillai, learned counsel<\/p>\n<p>appearing for the appellant and also the learned Public Prosecutor. I<\/p>\n<p>have also perused the materials and evidence of record.<\/p>\n<p>       6. The learned counsel for the appellant vehemently argued<\/p>\n<p>that the prosecution has miserably failed to establish the identity of<\/p>\n<p>the real offenders. It is the contention of the learned counsel that<\/p>\n<p>even according to the prosecution there was no street light and<\/p>\n<p>sufficient light and therefore it is for the prosecution to establish the<\/p>\n<p>identity of the accused, especially, when the incident was allegedly<\/p>\n<p>taken place at about 7.30 p.m. It is also the case of the learned<\/p>\n<p>counsel that there is inordinate delay in reaching the FIR in the<\/p>\n<p>court. It is pointed out that even though according to the prosecution<\/p>\n<p>the incident was at 7.30 p.m on 06.02.1997. PW8 recorded Ext.P1<\/p>\n<p>FI statement in the afternoon of the next day. According to the<\/p>\n<p>learned counsel there is no proper explanation for such delay. The<\/p>\n<p>learned counsel submitted that even in the FI statement the overt act<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003           7<\/span><\/p>\n<p>alleged by PW1 is only against A1 and A12, other accused were<\/p>\n<p>implicated due to political animosity. The learned counsel further<\/p>\n<p>pointed out that even though the prosecution had a specific case<\/p>\n<p>that injuries are inflicted by using chopper and stick,       no such<\/p>\n<p>material objects were recovered by the prosecution and the same in<\/p>\n<p>a fundamental defect against the prosecution. The learned counsel<\/p>\n<p>submitted that the name of A7 and A11 are incorporated in the FIR<\/p>\n<p>due to sheer political animosity especially when names of A7 and<\/p>\n<p>A11 were not seen in Ext.P11 wound certificate which recorded at<\/p>\n<p>the date of the incident itself. It is also pointed out by the learned<\/p>\n<p>counsel that even in Ext.P10 case sheet only the names of A1, A2,<\/p>\n<p>A3 and A12 were mentioned, but as a result of an afterthought, 8<\/p>\n<p>more persons were included in Ext.P11 and thus in Ext.P5 FIR the<\/p>\n<p>number of accused is        shown as 12.     According to the learned<\/p>\n<p>counsel the creation of artificial evidence is obvious by bringing PW2<\/p>\n<p>to the place of incident. The learned counsel pointed out that no<\/p>\n<p>other witness has any claim that PW2 was found near or about the<\/p>\n<p>place of occurrence at any point of time.         The learned counsel<\/p>\n<p>pointed out that the non-examination of the shop owner Sreedharan,<\/p>\n<p>is fatal to the prosecution. According to the prosecution the incident<\/p>\n<p>was taken place in front of the shop of the said Sreedharan and the<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003             8<\/span><\/p>\n<p>prosecution witnesses claimed with identity of the accused on the<\/p>\n<p>basis of light from the shop of said Sreedharan. It is also pointed<\/p>\n<p>out that there was no attempt to obtain any materials or documents<\/p>\n<p>from the Kuttiady General Hospital, where,          PW1 was allegedly<\/p>\n<p>taken firstly for treatment. Finally the learned counsel submitted that<\/p>\n<p>the variation in the number of accused responsible for the assault,<\/p>\n<p>allegedly contained in Ext.P11 wound certificate and Ext.P10 case<\/p>\n<p>sheet, would          show the falsity of the prosecution case and said<\/p>\n<p>variations are not properly explained by the prosecution.         Thus<\/p>\n<p>according to the learned counsel the trial court has miserably failed<\/p>\n<p>to appreciate the contradiction and inconsistency that occurred in<\/p>\n<p>the case of the prosecution and the insufficiency of evidence to<\/p>\n<p>connect the accused with the crime. Hence according to the learned<\/p>\n<p>counsel the appellants are entitled to get a clear acquittal.<\/p>\n<p>       7. On the other hand, the learned Public Prosecutor submitted<\/p>\n<p>that the evidence of PW1 alone is sufficient to connect the accused<\/p>\n<p>with the incident. Learned Public Prosecutor pointed out that even<\/p>\n<p>according to PW1 he had acquaintance with the accused from years<\/p>\n<p>together and according to PW1 he was surrounded by the accused<\/p>\n<p>and attacked. So there is no mistake in identity as disclosed from<\/p>\n<p>the evidence of PW1. The learned Public Prosecutor invited my<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003          9<\/span><\/p>\n<p>attention to         Ext.P11 wound certificate, which is the document<\/p>\n<p>prepared immediately after the incident and such document contain<\/p>\n<p>all the names of the assailants.        According to him   there is no<\/p>\n<p>recording in Ext.P1 FI statement of PW1 by PW8 and thus the<\/p>\n<p>prosecution has succeeded in collecting the necessary evidence and<\/p>\n<p>materials and the same were produced before the court. Thus<\/p>\n<p>according to the learned Public Prosecutor, the trial court, after<\/p>\n<p>considering the materials and evidence on its right perspective, the<\/p>\n<p>accused are found guilty of all the charges levelled against them and<\/p>\n<p>no interference is warranted.\n<\/p>\n<p>       8. I have carefully considered the arguments advanced by the<\/p>\n<p>learned counsel for the appellants as well as the learned Public<\/p>\n<p>Prosecutor and also perused the evidence and materials on record.<\/p>\n<p>       9. PW1 is the injured in this case, and when he was examined<\/p>\n<p>he had deposed categorically        about the incident.    There is no<\/p>\n<p>substantial variations from his Ext.P1 FI statement. PW1 deposed<\/p>\n<p>before the court that he is the brother of PW3, who is an active<\/p>\n<p>worker of CPI(M) and when PW1 was coming to his house he was<\/p>\n<p>intercepted and attacked by the accused after surrounding him. Even<\/p>\n<p>in Ext.P1 FI statement he had narrated the entire incident and<\/p>\n<p>mentioned overt act of A1 and A12. The names of A1, A2, A5, A12<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003           10<\/span><\/p>\n<p>are certainly found        a place in Ext.P10 case sheet and also in<\/p>\n<p>Ext.P11 wound certificate.        Ext.P10 case sheet document and<\/p>\n<p>Ext.P11 wound certificate are the contemporaneous document<\/p>\n<p>prepared immediately after the incident that taken place at 7.30 p.m<\/p>\n<p>on 06.02.97. In this document the names of A1, A2, A3 and A12 are<\/p>\n<p>specifically stated and it is true as      pointed out by the learned<\/p>\n<p>counsel for the appellant that the name of A7 and A11 mentioned in<\/p>\n<p>the FIR do not find a place in Ext.P10 and Ext.P11. It is also relevant<\/p>\n<p>to note that as indicated earlier Ext.P10 and Ext.P11 are<\/p>\n<p>contemporaneous documents prepared on the date of the incident,<\/p>\n<p>that too immediately after the incident Ext.P5 FIR was drawn on the<\/p>\n<p>next day evening that was after recording Ext.P1 FI statement at<\/p>\n<p>about 2.30 p.m on 07.02.1997.         Therefore, the contention of the<\/p>\n<p>counsel, that in the meanwhile, after deliberations with others PW1<\/p>\n<p>had deliberately implicated the name A7 and A11, cannot be repelled<\/p>\n<p>as baseless. If actually A7 and A11 were involved in the incident,<\/p>\n<p>certainly the names of those accused should have been found a<\/p>\n<p>place in Ext.P10 and P11. It is also relevant to note that in Ext.P10<\/p>\n<p>only the names of A1, A2, A3 and A12 were given but when PW1<\/p>\n<p>given the names of accused in Ext.P11, the number of accused<\/p>\n<p>involved in the incident increased from more than 12 persons and the<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003          11<\/span><\/p>\n<p>names of one Rajan and Vijayan were given.            But when the FI<\/p>\n<p>statement was given, those names were deleted and names of A7<\/p>\n<p>and A11 were included.         Therefore, the implication of accused<\/p>\n<p>numbers A4, A5, A6, A7, A8, A9, A10, and A11 can be seen only as<\/p>\n<p>a result of deliberation and especially when there is no overt act are<\/p>\n<p>alleged against those accused.        Therefore, according to me the<\/p>\n<p>above accused are entitled to get the benefit of doubt. With respect<\/p>\n<p>to A1, A2, A3 and A12 as their names are found in Ext.P10 and<\/p>\n<p>Ext.P11 and in Ext.P1 FI statement specific overt act are alleged<\/p>\n<p>against them and those allegations further substantiated through the<\/p>\n<p>evidence of PW1 the injured.\n<\/p>\n<p>       10. It is true the prosecution has also relied upon the evidence<\/p>\n<p>of PW2 to connect the accused with the incident.\n<\/p>\n<p>        Going by the deposition of PW2 it can be seen that he has no<\/p>\n<p>claim that he arrived at the spot before the starting of the incident.<\/p>\n<p>He had categorically stated that he came to the place of occurrence<\/p>\n<p>after the incident and on hearing the cry of the injured. Therefore,<\/p>\n<p>the prosecution is no way benefited in examining PW2 to establish<\/p>\n<p>the incident. It is also relevant to note that from the deposition of<\/p>\n<p>PW2 nothing discernible that he had witnessed either the incident or<\/p>\n<p>the overt act alleged by the prosecution. Thus from the above<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003        12<\/span><\/p>\n<p>discussion it can be seen that the only evidence that is available on<\/p>\n<p>record      in support of the prosecution case    with respect to the<\/p>\n<p>incident is that of the injured, namely PW1.           I have already<\/p>\n<p>considered the evidence of PW1 and the resultant conclusion is that<\/p>\n<p>the prosecution has succeeded, only in establishing the case against<\/p>\n<p>A1, A2, A3, and A12 and there is no acceptable and cogent evidence<\/p>\n<p>against the other accused. In the absence of any concrete evidence<\/p>\n<p>against the accused namely A4, A5, A6, A7, A8, A9, A10 and A11,<\/p>\n<p>the only conclusion that can be arrived is that the prosecution has<\/p>\n<p>miserably failed to establish the case against those accused and<\/p>\n<p>consequently they are entitled to get an acquittal. In the light of the<\/p>\n<p>above discussion, and the materials referred above, I am of the view<\/p>\n<p>that the conviction recorded by the trial court with respect to A1, A2,<\/p>\n<p>A3, and A12 are liable to be confirmed and I do so.\n<\/p>\n<p>       11. The learned counsel for the appellant submitted that, the<\/p>\n<p>incident was taken place during the year 1997 and now 13 years are<\/p>\n<p>over and now the accused, A1 to A3 and 12, are now at the age<\/p>\n<p>between 35 to 50 and therefore a lenient view may be taken. It is<\/p>\n<p>also pointed out by the learned counsel that the alleged injury<\/p>\n<p>sustained by PW1 are not so serious and therefore the matter can<\/p>\n<p>be disposed of by ordering compensation to the injured, in lieu of<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003         13<\/span><\/p>\n<p>sentence of imprisonment, whereas the learned Public Prosecutor<\/p>\n<p>counsel pointed out that the main injury was inflicted on the back side<\/p>\n<p>of the left ear from which it can be gathered the intention of the<\/p>\n<p>assailants.      Having regard to the facts and circumstances of the<\/p>\n<p>case, I am of the view that some modifications can be made with<\/p>\n<p>respect to the sentence imposed against A1, A2, A3, and A12.<\/p>\n<p>       In the result, this appeal is partly allowed, acquitting accused<\/p>\n<p>Nos.A4, A5, A6, A7, A8, A9, A10 and A11 of all the charges levelled<\/p>\n<p>against them. In the light of the acquittal recorded by this court in<\/p>\n<p>favour of the above accused, the remaining accused are only 4 in<\/p>\n<p>Nos. and hence Section 149 is not applicable against A1, A2, A3 and<\/p>\n<p>A12 but at the same time Section 34 IPC is attracted against them<\/p>\n<p>as they have shared the common intention. Accordingly A1, A2, A3<\/p>\n<p>and A12 their conviction under Section 324,307 r\/w Section 34 of<\/p>\n<p>I.P.C instead of Section 149, are confirmed and accordingly each of<\/p>\n<p>them are sentenced to undergo rigorous imprisonment for one year<\/p>\n<p>under Section 324 of IPC and each of them are further sentenced to<\/p>\n<p>undergo rigorous imprisonment for two years and to pay a fine of<\/p>\n<p>Rs.20,000\/- and in default of payment of fine amount to undergo<\/p>\n<p>rigorous      imprisonment for one year each, for the offence under<\/p>\n<p>Section 307 I.P.C. If the fine amount is realised the entire amount<\/p>\n<p><span class=\"hidden_text\">Crl.Appeal No.1437 of 2003         14<\/span><\/p>\n<p>shall be paid as compensation to PW1 under Section 357(1) of<\/p>\n<p>Cr.P.C. As accused numbers A4, A5, A6, A7, A8, A10 and A11 are<\/p>\n<p>acquitted of all the charges levelled against them, the bail bond if any<\/p>\n<p>executed by them shall stand cancelled and they are set at liberty.<\/p>\n<p>In the case of accused No.1,2,3, and 12 the bail bond stands<\/p>\n<p>cancelled and they are directed to appear before the trial court on<\/p>\n<p>30.4.2010 for receiving the sentence. If any failure on the part of<\/p>\n<p>appellant in appearing before the court below as directed above the<\/p>\n<p>court below is free to take coercive steps to procure the presence of<\/p>\n<p>accused and to execute the sentence.\n<\/p>\n<p>       Criminal Appeal is allowed partly.\n<\/p>\n<\/p>\n<p>                                              V.K.MOHANAN,JUDGE.\n<\/p>\n<p>mns<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Kerala High Court Kunhiraman vs State Of Kerala on 31 March, 2010 IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL.A.No. 1437 of 2003() 1. KUNHIRAMAN, S\/O. KANARA KURUP, &#8230; Petitioner 2. SREEDHARAN, S\/O. KRISHNA KURUP, 3. CHINNAN, S\/O. KANARA KURUP, 4. PREMAN @ PREMARAJAN, S\/O. KANARA KURUP 5. RAJEEVAN, S\/O. POKKAN, AGED 28 YEARS, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-66446","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Kunhiraman vs State Of Kerala on 31 March, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/kunhiraman-vs-state-of-kerala-on-31-march-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kunhiraman vs State Of Kerala on 31 March, 2010 - Free Judgements of Supreme Court &amp; 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