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2025 Supreme(Ker) 2469

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
Mariyappan, S/o. Ramachandran – Appellant
Versus
State of Kerala, Represented By The Public Prosecutor, High Court of Kerala At Ernakulam – Respondent


Advocates Appeared:
For the Appellant : Shri. Sreenath Vijayaraghavan.
For the Respondent: Sri. Renjith T.R., Senior Public Prosecutor.

JUDGMENT :

Raja Vijayaraghavan, J.

This appeal is preferred, by the appellant under Section 374 (2) of the Code of Criminal Procedure, challenging the judgment dated 25.08.2022 passed by the Additional Sessions Judge -VI, Thiruvananthapuram finding him guilty for the offence under Section 302 of the IPC and consequently sentencing him to undergo imprisonment for life for committing uxoricide.

2. Before we deal with the facts of the instant case, it is imperative to note that the instant case starkly illustrates the systemic failure of the criminal justice system. Despite the existence of records indicating that the appellant, who is alleged to have committed the cold-blooded murder of his wife, was suffering from Bipolar Disorder accompanied by delusions of infidelity, the investigating agency failed in its duty to collect, preserve, and produce such crucial records before the Trial Magistrate. This lapse occurred from the initial stages and carried on till the final report was submitted for the purpose of committal to the Court of Session. It is significant to note that the committal court itself had, at an earlier stage, satisfied itself by examining the appellant and a psychiatri

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