PRABHAKARAN Vs. MANIKANTAN

JUDGEMENT

(1.) The preliminary question involved in this Criminal Appeal (V) filed by the victim is whether the matter requires to be posted before a Single Bench or Division Bench for admission.

(2.) The Criminal Appeal is filed challenging the acquittal of the accused in S.C. No. 256 of 2011 on the file of the Court of the I Additional Sessions Judge, Palakkad. The accused was tried for the offence under Sec. 302 of the Indian Penal Code. The appellant is the father of the deceased in the case. The appellant was examined as PW1 in the Sessions Case. After trial, the Sessions Court extended the benefit of doubt to the accused and acquitted him under Sec. 235(1) of the Code of Criminal Procedure.

(3.) The Registry raised a doubt as to whether the Criminal Appeal shall be heard by a Division Bench or by a Single Judge. The Registry referred to the proviso to Sec. 3(13)(a) of the Kerala High Court Act, 1958 (hereinafter referred to as 'the High Court Act'). As per Sec. 3(13)(a) of the High Court Act, the matter requires to be posted before a Single Judge. If the charge or the sentence is treated as the deciding factor, the matter has to be posted before a Division Bench.