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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) |
JUDGMENT :
K.V. JAYAKUMAR, J.
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).
2. The learned Sessions Judge found the accused guilty of the offences punishable under Sections 302 and 324 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- under Section 302 IPC and imprisonment for a period of three years for the offence punishable under Section 324 of the IPC. In default of payment of the fine, the accused shall undergo rigorous imprisonment
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(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, ....
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