Padmanabhan, J.

1. The sole accused is challenging his conviction and sentence for murder by the Additional Sessions Judge, Alleppey. After the prosecution evidence was over, he was called upon to enter on his defence and adduce evidence under S.233 of the Code of Criminal Procedure. On his application, summons was issued to a witness to produce a document and give evidence. The witness appeared with the document. At that time, Public Prosecutor objected to his examination and proof of the document on the ground that it will offend S.153 of the Evidence Act. The objection was upheld by a non-speaking order. The case was heard and he was convicted without defence evidence being permitted. This was taken as a preliminary ground before the appeal was argued on merits.

2. Every accused is entitled to a fair trial, which includes opportunity for adducing his own evidence also. That is his right if he is not acquitted under S.232 on the ground that the judge considers that there is no evidence that he committed the offence. In such a situation, it is mandatory that he should be called upon to enter on his defence and permitted to adduce oral and documentary evidence of his choi