The main legal point established in the judgment is the importance of procedural fairness and the necessity of examining the investigating officer to ensure a fair trial.

KOSHY, J. :- After perusing the judgment in S.C. No. 55 of 1993 passed by the Court of Session, Kollam, this Court has taken suo motu calendar revision invoking inherent powers of the High Court under S. 482 of the Criminal Procedure Code. Meanwhile, the State also filed appeal against the same judgment. Hence both are heard together. The accused were charge sheeted by the Circle Inspector of Police, Punalur under Ss. 143, 147, 148, 324 and 302 r/w S. 149 of Indian Penal Code and Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case of the prosecution as summarised by the Learned Sessions Judge is as follows :

"2. The case of the prosecution is as follows :-

On 3-5-1992, Kunjupennu, the wife of CW 11 died at 1 p.m. and the relatives of Kunjupennu and CW 11 assembled in the house of CW 11 for attending the burial ceremony. CW 1 in this case is stated to be a member of Kurava community a scheduled caste. CW 2 and her husband and their relatives who are also members of Kurava community went to the house of CW 11 for attending the burial ceremony. The burial of Kunjupennu was delayed because CW 16 the daughter of CW 11 did not reach the house in time. When they were waiting for CW 16 to come, accused numbers 1 to 5 who are members of Ezhava community went to the house of CW 11. It is stated that accused numbers 1 to 5 were having enmity towards Sankaran and the other members of Kurava community for the reason that they did not go for doing the work of the accused. Accused are stated to have formed themselves into an unlawful assembly with the common object of abusing the members of Kurava community by mentioning their caste and causing hurt to them and causing the death of Sankaran and armed with deadly weapons such as chopper and sticks went to the house of CW 11 at 8.15 p.m. on 3-6-1992. It is alleged that the fifth accused on abusing the members of Kurava community as a whole by mentioning their caste entered the compound of the house, beat CW 2 with a stick on her shoulder and back side of head, the fourth accused cut with a chopper on the head of CW 3, first accused beat on the back of CW 4 with a stick, the second accused beat with a stick on the left knee of CW 5 and the fifth accused beat CW 6 with a stick on his back. The third accused pushed Sankaran down and stabbed him on his chest as a result of which he sustained fracture on his ribs. The first accused immediately went to his house and came back to the place of occurrence with a chopper in his hand and on seeing that Sankaran ran towards west. The first accused chased Sankaran and at about 8-30 p.m. cut him with a chopper on the head of Sankaran in the channel on the western side of the house of CW 11. Sankaran died at the place of occurrence as a result of the injuries suffered by him. By doing the above acts the accused are alleged to have committed the offences mentioned above."

2. Witnesses including eye-witnesses were examined by the prosecution. After considering the evidence of PW. 8, the doctor who conducted post mortem examination of the dead body and prepared Ext. P6 post mortem certificate, Sessions Judge found as follows :

"There is sufficient evidence in this case to show that Sankaran died as a result of the injuries suffered by him on 3-5-1992. Hence I find that Sankaran died as a result of the injuries suffered by him at 8-30 p.m. on 3-5-1992."

3. After finding so Sessions Judge noticed certain discrepancies and contradictions in the case of the prosecution and evidence adduced by various witnesses and observed as follows :

"18. This is a case in which the investigating officer did not appear before Court for being examined. Inspite of the fact that summons was served on the investigating officer the Sub-Inspector of Police, he did not appear before Court on the date to which the case was posted for his examination ....... In the present case also there were so many contradictions eli