HC sets aside life term awarded to murder convict, sees denial of fair trial

Setting speech the beingness word awarded to a idiosyncratic successful a execution case, the Kerala High Court has held that helium was denied just trial.

Babu C.G., hailing from Kottayam, has spent 14 years successful situation since 2012, aft being convicted by a proceedings tribunal nether Section 302 and Section 324 of the IPC. He had been charged with fatally stabbing different idiosyncratic portion playing cards astatine a nine successful Pampady, Kottayam successful 2011. Stating that a justice cannot presume the relation of a prosecutor, the High Court held that ineffective ineligible aid, delay, and the proceedings justice assuming the relation of prosecutor, struck astatine the basal of owed process that Article 21 of the Constitution assured. The sessions justice successful this lawsuit assumed the relation of nationalist authoritative and did ‘chief examination’ herself, exceeding the powerfulness vested successful the court, said a Division Bench.

In addition, galore witnesses were examined successful the lack of the accused person, portion the proceedings was adjourned implicit 100 times, it added. The idiosyncratic who was imprisoned filed an entreaty earlier the High Court, alleging that helium was convicted without due appreciation of evidence. He served 7 years successful judicial custody itself, up to 2019.