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State of Kerala Vs. Saithu Muhammed Pareed Kunju and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKerala High Court
Decided On
Case NumberCriminal Appeal No. 277 of 1959
Judge
Reported inAIR1960Ker358; 1960CriLJ1469
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 245
AppellantState of Kerala
RespondentSaithu Muhammed Pareed Kunju and ors.
Appellant AdvocatePublic Prosecutor
Respondent Advocate N. Raghavan,; A. Raghavan and; C.F. Balakrishnan, Ad
DispositionAppeal allowed
Excerpt:
- .....even considering the evidence on record, on account of the non-examination of the investigating officer, the learned second class magistrate, trivandrum acquitted the accused under section 245(1), criminal p. c.even if the investigating officer was not examined, it was the clear duty of the magistrateunder section 245, cri. p. c., to consider the merits ofthe case before proceeding to acquit the accused.of course the non-examination of the investigatingofficer is a circumstance which may be taken intoconsideration by the court, but does not per sefurnish a ground for acquittal. the acquittal cannot be supported. now that the case has to goback, the learned magistrate will see whether hecannot enforce the attendance of the investigatingofficer, for the sake of completeness of the.....
Judgment:

S. Velu Pillai, J.

1. This appeal by the State, arises out of the acquittal of the four accused, in a case against them upon a police report for offences under Section 448 read with Section 114, I. P. C. Including the complainant, four witnesses were examined for the prosecution. But the Sub-Inspector of Police did not attend even on the adjourned date of hearing and was not examined. Without even considering the evidence on record, on account of the non-examination of the investigating officer, the learned Second Class Magistrate, Trivandrum acquitted the accused under Section 245(1), Criminal P. C.

Even if the investigating officer was not examined, it was the clear duty of the Magistrateunder Section 245, Cri. P. C., to consider the merits ofthe case before proceeding to acquit the accused.Of course the non-examination of the investigatingofficer is a circumstance which may be taken intoconsideration by the court, but does not per sefurnish a ground for acquittal. The acquittal cannot be supported. Now that the case has to goback, the learned Magistrate will see whether hecannot enforce the attendance of the investigatingofficer, for the sake of completeness of the trial. Withthe above observations, the acquittal is set asideand the case is sent back for disposal in accordance with law. The appeal is allowed.


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