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2025 Supreme(Online)(Ker) 33270

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
GOPAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SHRI.ANAND KALYANAKRISHNAN
For the Respondents: SRI.ARUN BABU, SHRI.ANEESHRAJ R., SRI.C.K.SURESH, SR.PP

Judgement Key Points

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O R D E R

The petitioner is the sole accused in SC No.440/2020 on the files of the Additional Sessions Court - IV, Kollam (for short, the trial court). He faces trial for the offence punishable under Section 302 of IPC.

2. The prosecution allegation is that the petitioner committed murder of his wife.

3. During the investigation stage, the petitioner requested the investigating agency to subject him to scientific test including brain mapping, polygraph and narco analysis to prove his innocence. Accordingly, brain mapping and polygraph tests were conducted, but narco analysis was not conducted.

4. The prosecution, however, did not produce the result of scientific examination along with the final report. Hence, the petitioner filed Annexure I application at the trial court as Crl.M.P.No.825/20 to give a direction to the investigating officer to produce the scientific examination result of brain mapping and polygraph examination. The trial court after hearing both sides dismissed the said application as per Annexure II order. The said order is under challenge in this Crl.M.C.

5. Originally the de facto complainant/mother of the victim was not impleaded in the Crl.M.C. After hearing the pet

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