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K. VINOD CHANDRAN, C. JAYACHANDRAN
Vijayalakshmi K. S. W/o. Raveendran – Appellant
Versus
State of Kerala Represented By the Public Prosecutor – Respondent
ORDER :
Jayachandran, J.
Whether a trial court or an appellate court, as the case may be, having exercised the option under clause (a) of Section 335(1) of the Code of Criminal Procedure (referred to as 'Cr.P.C.' hereinafter) at the time of delivery of judgment of acquittal on the ground of unsoundness of mind, can re-exercise the option under clause (b) at a later point of time on the application of a relative/friend, is the question involved in the above Criminal Miscellaneous Application. The petitioner, the wife of the accused, who seeks an answer in the affirmative, places heavy reliance upon the judgment of a learned Single Judge of this Court in In re : Saji v. [OP No.16667/1996], reported in 2009 (2) KLT 892.
2. The attendant facts:-
The husband of the petitioner is the sole accused in S.C. No.190/2015 of the Additional Sessions Court-I, Kalpetta for offences alleged under Sections 302, 307, 324 and 326 of the Indian Penal Code (referred to as 'I.P.C.', hereinafter). Negating the defence plea under Section 84 of the I.P.C., learned Sessions Judge convicted the accused for the offences above referred and inter alia sentenced him to undergo imprisonment for life. In appeal (Crl.A
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