IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 CRL.A.No. 128 of 2005() ----------------------- CRA.201/1998 of I ADDL. SESSIONS COURT, KOLLAM AGAINST THE JUDGEMENT/ORDER IN CRLP.21/2005 Dated 07/01/2005 .................... APPELLANT(S): COMPLAINANT: -------------------------- P.K. IBRAHIMKUTTY, PALLIKKASSERIL VEEDU, ADINADU THEKKUMMURI, ADINADU VILLAGE, KARUNAGAPALLY. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): ACCUSED & STATE: ------------------------------------------------------ 1. PARAMESWARAN ACHARI, NELLIKKAMATHU KIZHAKKATHIL, ALUMKADAVU P.O., KARUNAGAPPALLY. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.B.MOHANLAL R2 BY PUBLIC PROSECUTOR SRI. ALEX. M. THOMRA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2011. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.Appeal.No.128 of 2005 ---------------------------------------------------- Dated this the 19th day of August, 2011 JUDGMENT The appellant in this case is the appellant in Criminal Appeal No.131/2005 which has been disposed of by this court today. The facts of that case are identical. The parties in both cases are the same. In both cases the accused was convicted by the learned Magistrate but it was reversed by the appellate court after receiving additional evidence. Since the parties are the same, it is not necessary to reiterate the same contentions advanced by both sides. For the reasons stated in the judgment in Criminal Appeal No.131/2005 this case also has to be remanded to the trial court for fresh disposal. (The judgment in Criminal Appeal No.131/2005 be read as part of this judgment.) In the result, this appeal is allowed in part. The judgments of the courts below are set aside and the case is remanded to JFCM - I, Karunagappally for fresh disposal. Crl.Appeal.No.128 of 2005 2 Both parties are to be given opportunity to adduce further evidence in the matter. Both parties will appear before the JFCM - I, Karunagappally on 24/09/2011. N.K. BALAKRISHNAN, JUDGE. smvd