Kerala HC sets free murder accused after spending 14 years in jail

Kochi: High court has set aside the conviction and life sentence of a murder accused after he spent 14 years in jail, citing grave illegalities committed by the trial court during proceedings. A bench of Justices V Raja Vijayaraghavan and K V Jayakumar acquitted C G Babu of Pambady in Kottayam, while allowing his appeal challenging his conviction and sentence of life imprisonment. The prosecution alleged that Babu stabbed to death one Vijeesh during an altercation while playing cards in connection with an Onam programme at Kunnelpeedika in Pambady on Sept 18, 2011. He was sentenced to undergo a life imprisonment and pay a fine of Rs 50,000 for the offence punishable under IPC Section 302, by the additional sessions court-II, Kottayam, on Oct 16, 2019.Considering his appeal, HC pointed out serious procedural lapses by the trial court and observed that the case was a classic example of how a fair trial can be denied to an accused. Babu was arrested on Sept 24, 2011, and court records showed that he had remained in judicial custody for more than seven years as an undertrial prisoner. HC noted that the reason for his prolonged detention was not clear from the order sheet.It further observed that although Babu was initially represented by a lawyer, he relinquished the vakkalath in 2014, after which he was not represented by any counsel of his choice or by a legal aid lawyer. Consequently, the accused was compelled to conduct the cross-examination of witnesses on his own.HC noted that the trial court failed to ensure that the accused was represented by a competent lawyer, in disregard of the directions issued by the Supreme Court. It was also found that the sessions judge recorded the evidence of material witnesses and examined several witnesses in the absence of the accused. HC found that the judge had assumed the role of public prosecutor by conducting the chief examination herself, thereby exceeding the powers vested in the court.Describing the sessions judge's approach as illegal and unfair, HC reiterated that it is settled law that courts must afford a fair opportunity to both the prosecution and the defence to adduce evidence in support of their respective cases. HC also noted that the trial was conducted in a piecemeal manner and took nearly five years to conclude.Accordingly, the bench set aside the conviction and sentencing. It further directed the high court registry to forward a copy of the judgment to the Kerala Judicial Academy director for guidance to sessions judges, so as to ensure that such lapses do not recur in the future.