Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V. JAYAKUMAR
Babu C.G. S/o Gopalan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. incident and arrest details (Para 3 , 4 , 5 , 6) |
| 2. defense's argument of trial unfairness (Para 9 , 10 , 11 , 12) |
| 3. prosecution's rebuttal on evidence (Para 13 , 14 , 15) |
| 4. eyewitness accounts of the incident (Para 16 , 17 , 18 , 19 , 20) |
| 5. inquiry into fair trial issues (Para 22 , 62) |
| 6. constitutional safeguards for fair trial (Para 24 , 25 , 26 , 27) |
| 7. court's analysis on procedural rights (Para 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 8. judgment and directions for trial (Para 99 , 100 , 101) |
1. This appeal is preferred by the sole accused in S.C. No.267/2012 of the Additional Sessions Court-IV, Kottayam. The appellant stood for trial for the offences punishable under Sections 302 and 324 of the Indian Penal Code (‘IPC’ for the sake of brevity).
The prosecution case
Registration of Crime and Investigation
5. PW29, Saju Varghese, the Circle Inspector of Police, Pampadi Police Station took up the investigation on that day itself. He prepared Ext.P4 Inquest Report from the Medical College Hospital, Kottayam. He visited the place of occurrence in the presence of witnesses and scientific assistants and prepared Ext.P5 scene mahazar. As per Ext.P5 scene mahazar, MO-1, a blood-s
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
Failure to provide timely, effective legal aid in death penalty trial, denying representation during key stages, violates Article 21 fair trial right, requiring de novo proceedings despite offence gr....
A trial conducted without the accused's presence and without proper representation violates fair trial rights, undermining the integrity of the judicial process.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
(1) Justice is not intended to be imparted to one party of lis only.(2) Attempts to expedite process of trial should not be at expense of basic elements of fairness and opportunity to Accused on whic....
(1) Examination of accused – Public Prosecutor is under obligation to remain present when examination of accused is made to assist Court.(2) Right to get legal aid is a fundamental right of accused, ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
