B. Kemal Pasha, J.:— The accused in Crime No. 8/1996 of the Chavakkad Police Station, the case against whom, is presently pending as L.P No. 71/2001 before the court below, has come up to get the proceedings against him quashed. All the other accused faced trial before the court below in C.C No. 289/1996. In the said case A1 was found guilty and he was convicted and sentenced, and all the other accused were acquitted.
2. According to the petitioner, the case against him is also the same as that against those who were acquitted in the case. The learned Public Prosecutor has pointed out that some of the witnesses had deposed against all the accused and the learned Magistrate has disbelieved their versions with regard to the other accused and convicted A1 alone. as the said judgment is based on the appreciation of the evidence advanced before the court below in that particular case, the petitioner, who is an absconding accused, cannot encash Annexure III judgment as a whole, in order to canvass an acquittal, in view of the decision of the Full Bench of this Court in Moosa v. Sub Inspector of Police [2006 (1) KLT 552]. Hence, the petitioner has to face the trial in the matter. The present argument can be brought to the notice of the court below at appropriate stage.
3. With liberty to the petitioner to take up all these contentions before the court below at appropriate stage, this Crl.M.C is disposed of.