IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 2033 of 2005() ----------------------------------- CMP.2358//05 IN CC.917/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA.. .................... PETITIONER(S): ---------------------- G.RAMACHANDRAN, PARAYADIYIL HOUSE, PANNIYALI MURI, OMALLUR MURI, OMALLOOR VILLAGE, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MURALEEDHARAN, S/O.VASU, MULLASSERIL HOUSE, PANNIYALI MURI, OMMALLOOR VILLAGE, PATHANAMTHITTA. R1 BY PUBLIC SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2033/2005 APPENDIX PETITIONER'S ANNEXURES A I:- COPY OF THE ORDER DTD. 8.8.2003 IN IA.365/2002 IN OS. 340/02 OF THE MUNSIFF COURT, PATHANAMTHITTA. A II:- COPY OF THE FIRST INFORMATION STATEMENT OF THE 2ND RESPONDENT DTD. 13.9.2003. A III:- COPY OF THE FIRST INFORMATION REPORT DTD. 15.9.2003 PREPARED BY ASST. POLICE SUB INSPECTOR, PATHANAMTHITTA. A IV:- COPY OF THE FIRST INFORMATION STATEMENT DTD. 15.9.2003. A V:- COPY OF THE CHARGE SHEET AGAINST THE 2ND RESPONDENT SUBMITTED BY THE SUB INSPECTOR POLICE, PATHANAMTHITTA DTD. 20.10.2003. A VI:- COPY OF THE STATEMENT OF MR. VISWANATHAN. A VII:- COPY OF THE STATEMENT OF MR.A.S.RAJAN. A VIII:- COPY OF THE STATEMENT OF MR.SOMAN. A IX:- COPY OF THE FINAL REPORT DTD. 25.10.2003 FILED BY THE SUB INSPECTOR OF POLICE , PATHANAMTHITTA. A X:- COPY OF THE 161 STATEMENT OF SMT.SANTHAMA. A XI:- COPY OF THE 161 STATEMENT OF SMT.THANKAMMA. A XII:- COPY OF THE 162 STATEMENT OF SMT. KANAKAMMA. A XIII:- COPY OF THE AFFIDAVIT WITH PETITION FILED BY THE 2ND RESPONDENT DTD. 20.9.2004 BEFOREJFCEM II, PATHANAMTHITTA . A XIV:- COPY OF THE OBJECTION FILED BY THE PETITIONER'S SON AND ANOTHER DTD. 14.10.2004 BEFORE THE JFCEM II, PATHANAMTHITTA. AXV:- COPY OF THE ORDER DTD. 27.4.2005 OF THE JFCEM II, PATHANAMTHITTA BY INCLUDING PETITIONER AS ADDITIONAL ACCUSED. NO.3. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 2033 of 2005 ------------------------------------------ Dated this the 25th day of November, 2011 ORDER This petition is filed by the additonal accused who was impleaded by the court below under Section 319 Cr.P.C. There was specific allegation as against the impleaded accused (Ramachandran) in the First Information Statement. The learned Magistrate was impressed by the evidence given by PW1 and PW2 and so it was held that the petitioner herein is also to be impleaded as the additional accused. The learned counsel for the petitioner submits that there are contradictions in the evidence given by PW1 and PW2 with regard to the overt act of this petitioner. No criminal case will be free from such minor inconsistencies. The effect of the contradictions, even if there is any in the evidence given by the witnesses is only a matter for appreciation by the court at the final stage. 2. It is also submitted by the learned counel that such over act was not mentioned by PW2 in the statement recorded by the police under Section 161 Cr.P.C. The Crl.M.C.No. 2033 of 2011 -: 2 :- learned Magistrate has observed that such a statement was infact recorded. Whatever it may be, it is not necessary to delve deeper into those aspects since the learned Magistrate was convinced of the fact that there is sufficient evidence to implead the petitioner herein as the additional accused. The order does not suffer from any illegality, incorrectness or irregularity so as to warrant interference under Section 482 Cr.P.C. Hence this petition is dismissed. The petitioner can raise all his contentions before the court below at the time of trial. N.K. BALAKRISHNAN, JUDGE smvd