The Kerala High Court has canceled the life sentence of a man who had spent 14 years in jail, saying he was denied a fair trial. This person was sentenced to life imprisonment in a murder case. The court says that the Sessions Judge himself conducted the main cross-examination in the absence of the Public Prosecutor and there was no competent lawyer to present the side of the accused. Many witnesses were examined in the absence of the accused.
Justice Raja Vijayaraghavan and Justice K. The bench of Justice V. Jayakumar observed that the accused was kept in custody for a long time and had to face a trial which was conducted in a piecemeal manner. The court highlighted the lapses of the judge during the sessions court hearing and said that during a crucial period of the trial, the accused was not represented by a competent lawyer, he had to cross-examine key witnesses himself and many witnesses were examined in his absence.
It also emerged from the record that the Sessions Court Judge himself played the role of the Public Prosecutor in his absence and conducted the main cross-examination himself. The high court, in its January 12 judgment, said the sessions court judge’s approach was ‘illegal and unreasonable’ as the prosecution witnesses were examined in the absence of the accused.
The case was referred to the sessions court in July 2012 and the accused was convicted and sentenced in October 2019. The bench said that he was in judicial custody during the entire period. The High Court said that during the seven-year trial period, the case was adjourned more than a hundred times after framing of charges. He termed the reasons given by the Sessions Judge as ‘inappropriate and not compelling’.
After being found guilty on murder charges, the accused was sentenced to life imprisonment and fined Rs 50,000. According to the prosecution, an altercation broke out between two groups playing cards near Pampady in Kottayam district during the Onam festival on 18 September 2011. The prosecution told the court that during an altercation, the accused stabbed the victim, who later died of his injuries.
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