The State Of Kerala State Of Kerala Home Secretariat Home Secretary vs. Kattindavida Suresh
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Order Issued After Hearing
Purpose:
Next Week / Week Commencing / C.O.Week
Before:
Hon'ble M.M. Sundresh, Hon'ble Rajesh Bindal
Stage:
Criminal Matters : Matters filed by State against Acquittal
Remarks:
Dismissed
Listed On:
16 Jan 2025
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1481/2015
THE STATE OF KERALA & ANR.
$APPELLANT(S)$
VERSUS
KATTINDAVIDA SURESH
RESPONDENT(S)
ORDER
We have heard the learned counsel for the parties.
The respondent was convicted by the trial Court for the major offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC') as well as under Sections 307 and 324 of IPC. A charge had also been framed under Section 149 of IPC. The Trial Court had acquitted eight other accused while convicting the respondent alone for the offences punishable under Sections 302, 307 and 324 of IPC.
The High Court on appeal by the respondent re-appreciated the the material was pleased to hold that material witnesses such as CW-3 and CW-8 have not been examined and the ocular evidence of PWs 1 to 3 does not match with the medical evidence.
As we find no perversity in the findings rendered by the High
Court while overturning the conviction of the Trial Court and acquitting the respondent, we are not inclined to interfere with the same.
The appeal is dismissed accordingly.
Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH]
……………………………………………………J. [RAJESH BINDAL]
NEW DELHI; 16th JANUARY, 2025 ITEM NO.104 COURT NO.9 SECTION II-B
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1481/2015
THE STATE OF KERALA & ANR. Appellant(s)
VERSUS
KATTINDAVIDA SURESH Respondent(s)
Date : 16-01-2025 This appeal was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL
For Appellant(s) : Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv.
For Respondent(s) :Mr. R. Basant, Sr. Adv. (NP) Mr. E. M. S. Anam, AOR
UPON hearing the counsel the Court made the following O R D E R
The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)