A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.

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 for six months under Section 302 IPC.

The prosecution case

3. The prosecution allegation, in brief, is that, on 18.09.2011 at about 8.45 p.m., the accused, Babu C.G., was playing cards at the rubber plantation, on the eastern side of the stage, wherein the Onam Celebration of Royal King Arts and Sports Club, Kunnelpeedika was performed. PW2, Devarajan, obstructed the game and due to this animosity, the accused attacked PW2. The prosecution further alleges that, on seeing the incident, the deceased Vijeesh intervened and attempted to save PW2 (Devarajan). In the meantime, the accused stabbed the deceased on his right shoulder joint causing a deep injury. The accused had also threatened the persons gathered by brandishing MO-1 knife. The prosecution further alleges that when PW3, Kiran Raju, attempted to catch MO-1 knife, the accused had also stabbed him on his left wrist and inflicted a stab injury on the right shoulder of PW4, K. K. Soman. Even though the deceased was taken to the hospital, his life could not be saved.

Registration of Crime and Investigation

4. PW1, Rajesh, a cousin of the deceased, lodged Ext.P1 FIS before the SI of Police, Pampadi Police Station at about 7.15 a.m., on 19.09.2011. On the basis of Ext.P1 FIS, PW28, S. Pratheep, S.I. of Police registered Crime No.473 of 2011 under Sections 324 and 302 of IPC. PW28 has also registered a counter case as Crime No. 474 of 2011 alleging that PW1, Rajesh, attacked the accused.

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-stained knife was seized. He also seized MO-3 sandal and MO-7 saffron dhoti.

6. PW29 questioned the material witnesses, completed the investigation and filed the final report under Section 173 (2) of the Cr.P.C. He also conducted the investigation of the counter case, i.e., Crime No. 474 of 2011 and laid the charge sheet for the offences punishable under Sections 143, 147, 323 and 324 r/w Section 149 of the IPC. In that case, PW1 - Rajesh, PW2 - Devarajan, PW3 - Kiran Raju, PW4 - Soman, PW6 - Vijayan, and PW8 - Rajeesh are the accused.

The Proceedings before the Trial Court

7. After completing the initial steps, the case was committed to the Sessions Court, Kottayam. The learned Sessions Judge, Kottayam, made over the case to the Additional Sessions Court-II, Kottayam. The learned Sessions Judge framed the charge after hearing both sides. When the charge was read over and explained to the accused, he pleaded not guilty and claimed to be tried.

8. PWs. 1 to 6 wer