Kochi | The Kerala High Court has set aside the conviction and life sentence of a murder accused after he spent 14 years in jail, saying that he was denied a fair trial.
A bench of justices Raja Vijayaraghavan and K V Jayakumar noted that the accused faced a prolonged custodial trial that was "conducted in a piecemeal manner".
Pointing out the lapses in the conduct of the trial by the sessions court judge, the bench said that the accused was not represented by a competent lawyer during a substantial period of the trial, had to cross examine the material witnesses by himself and numerous witnesses were examined in his absence.
Besides that, the records revealed that the Sessions Judge "assumed the role of public prosecutor and conducted chief examination by herself in the absence of the public prosecutor".
The High Court in its January 12 judgement said that the approach of the Sessions Judge was "illegal and unfair" as the prosecution witnesses were examined in the absence of the accused.
The case was committed to the sessions court in July 2012 and the accused was convicted and sentenced in October 2019. He was in judicial custody during the entire period, the bench noted.
The High Court said that during the seven year trial period the matter was "adjourned for more than a hundred times after the framing of charge" and termed as "unjustifiable and not compelling" the reasons given for the same by the Sessions Judge.
"The Sessions Judge, as it appears from the order sheet, attributed much priority to other targeted cases than to the trial of a custodial matter. In the instant case, the trial was prolonged for about five years after the framing of the charge.
"It is pertinent to note that the accused remained in judicial custody for a prolonged period of seven years during the inquiry and trial," the bench said.
The bench said that on a careful consideration of the records of the case, the relevant statutory provisions, the mandate of Constitution and the binding precedents of the Supreme Court, "we have no hesitation in holding that a fair trial was denied to the accused in the case on hand".
The High Court allowed the appeal of the accused and set him at liberty in the case.
It directed that any fine paid by the accused shall be refunded to him.
The accused was sentenced to life and fined Rs 50,000 after being convicted for murder.
The bench said that the accused remained in judicial custody for about 14 years during the investigation, inquiry, trial and the pendency of the appeal before the High Court and therefore, a direction to conduct a 'denovo trial' in the matter "may not be just, fair and proper".
According to the prosecution, on September 18, 2011, during the Onam celebrations near Pampady in Kottayam district, there was an altercation between two groups of persons involved in a card game.
Amidst the altercation, the accused stabbed the victim who later succumbed to his injuries, the prosecution had told the court.
