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KERALA HIGH COURT
Bechu Kurian Thomas, J.
Thachanalil Shyju v. State
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| 1. additional evidence post-completion of testimonies can be allowed. (Para 1 , 6 , 8) |
| 2. the prosecution must produce correct fir to establish motive. (Para 2 , 4 , 9) |
| 3. error correction does not equate to filling a lacuna. (Para 11 , 14 , 15) |
| 4. the petition was deemed without merit and dismissed. (Para 17) |
1. The issue raised for consideration in this petition is whether the prosecution can produce an additional document after completing the prosecution evidence.
2. Petitioner is indicted for murder in S.C. No.602 of 2012 on the files of the Additional Sessions Court - III, Thalassery. The prosecution alleges that on Christmas eve in the year 2010, petitioner caused the death of one Sri. Sathyan and also attempted to murder PW2 and thereby committed the offences punishable under S.302 and S.307 of the Indian Penal Code , 1860.
3. After the prosecution witnesses were examined, two applications were filed by the Public Prosecutor as CMP No. 4274/2019 and CMP No. 4275/2019 under S.91 and S.311 of the CrPC, respectively. In the first of the applications, prosecution sought to examine the Sub Inspector of Police of Kelakam Police Station as an additional witness while in
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