Kerala High Court
John Joseph @ Binoy vs State Of Kerala on 21 July, 2017
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 21ST DAYOF JULY 2017/30TH ASHADHA, 1939
Crl.MC.No. 4525 of 2017 ()
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CP.NO.22/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
SULTHANBATHERY.
CRIME NO. 203/2016 OF MEENANGADI POLICE STATION, WAYANAD.
......
PETITIONER/ACCUSED NO.5:
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JOHN JOSEPH @ BINOY,
AGED 33 YEARS, S/O JOSEPH PUTHENPARAMBIL,
NJATTADI, VALAVAYAL P.O,IRULAM,
WAYANAD DISTRICT, PIN-673 596.
BY ADV. SRI.MATHEW KURIAKOSE.
RESPONDENTS/STATE & COMPLAINANT (CW1 & CW 22):
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1. STATE OF KERALA,
(CRIME NO. 203/2016 OF MEENANGADI POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031.
2. BIJU P.A.,
S/O ANTONY,AGED 41 YEARS,
PADUMATTUMMAL, PALLIKUNNU,
WAYANAD DISTRICT, PIN-673 122.
3. ANCY,
AGED 37 YEARS, W/O BIJUMON,
LAPPALLL, NJATTADI, VALAVAYAL P.O,
IRULAM, WAYANAD DISTRICT, PIN-673 596.
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 4525 of 2017
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A CERTIFIED COPY OF THE F.I.R IN CRIME NO.203/2016 OF
MEENANGADY POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT
IN CRIME NO.203/2016 OF MEENANGADY POLICE STATION.
ANNEXURE C CERTIFIED COPY OF THE F.I.R IN CRIME NO.271 OF 2016 OF
MANANTHAVADY POLICE STATION.
ANNEXURE D CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT
GIVEN BY RESPONDENT NO. 2 IN THE CRIME NO.271/2016
OF MANANTHAVADY POLICE STATION.
ANNEXURE E CERTIFIED COPY OF THE SUICIDE NOTE ALLEGEDLY
WRITTEN BY THE DECEASED IN CRIME NO.271/2016 OF
MANANTHAVADY POLICE STATION.
ANNEXURE F CERTIFIED COPY OF THE CHARGE SHEET CUM FINAL
REPORT IN CRIME NO.203/2016 OF MEENANGADY POLICE
STATION.
ANNEXURE G CERTIFIED COPY OF THE LIST OF ACCUSED IN
CRIME NO.203/2016 OF MEENANGADY POLICE STATION.
ANNEXURE H TRUE COPY OF THE MEMO OF EVIDENCE IN
CRIME NO.203/2016 OF MEENANGADY POLICE STATION.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 4525 of 2017
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Dated this the 21st day of July, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Crime No.203 of 2016 of Meenangadi Police Station was registered for the offence under Section 323 IPC on the allegation that two persons shown as accused in the FI statement assaulted the victim, Bijumon. Later, Bijumon committed suicide. The police registered another Crime No.271 of 2016 of Mananthavady Police Station under Section 174 Cr.P.C. After investigation, the police filed a final report in Crime No.203/2016 alleging that the accused including the petitioner, who is shown as the fifth accused, committed the offences under Sections 294(b), 306, 323, 341 & 506(i) IPC. The case was taken on the file of the Judicial First Class Magistrate Court-II, Sulthan Batheri as CC No.66 of 2016. As the petitioner was abroad, the case as against Crl.M.C. No. 4525 of 2017 ..2..
the other accused alone was committed. It was taken on the file of the Sessions Judge, Kalpetta as SC No.40/2017. The case against the petitioner was split up and refiled as CP No.22/2017. This Crl.M.C. has been filed by the petitioner to quash the proceedings as against him on the ground that the prosecution case does not reveal his involvement in the commission of the offences.
3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.The deceased left behind a suicide note. In Annexure E suicide note it is stated that the petitioner and one Raju and his sister Mary, who is the sixth accused, are responsible for his death; Raju allegedly kicked him in the chest, which is the reason why Bijumon committed suicide. It is further stated that Raju should be put behind the bars. So, the specific reason for committing suicide is the assault by Raju though it is stated that the petitioner and Mary are also responsible for his death. Crl.M.C. No. 4525 of 2017
..3..
5.I have perused the case diary. Two witnesses stated to the police that one week before the death of Bijumon, the petitioner, Raju and others assaulted him in connection with a dispute over a pathway and they threatened to cause death of Bijumon. They also exhorted him to commit suicide. According to them, it is this incident that caused Bijumon to commit suicide. But, as mentioned earlier, the specific statement of Bijumon is that he committed suicide because Raju kicked him in the chest. Moreover, the allegations against the petitioner is very vague. It is not specifically stated who exhorted Bijumon to commit suicide. The evidence the prosecution proposes to adduce to prove the guilt of the petitioner does not prima facie disclose commission of the offences by him. In the FI statement given by Bijumon in connection with the assault that took place one week before his death, there is no complaint that the petitioner assaulted him. It is also pertinent to note that Bijumon committed suicide only Crl.M.C. No. 4525 of 2017 ..4..
one week after the alleged exhortation. In these circumstances, I am of the view that this is a fit case to quash the proceedings against the petitioner. In the result, this Crl.M.C. is allowed. The proceedings in CP No. 22 of 2017 on the file of the Judicial First Class Magistrate Court-I, Sulthan Bathery are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/-