STATE OF KERALA Vs. JAYESH

JUDGEMENT

(1.) It is often said: "A Judge does not preside over a criminal trial merely to see that no innocent man is punished, he also presides to see that a guilty man does not escape and one is as important as the other". We are called upon to apply this proposition to the facts in this case.

(2.) In this appeal by the State against acquittal of the accused/respondent, various factual and legal questions are raised to dislodge the trial court's findings. Allegations against the accused/respondent, in nut shell, are that the accused trespassed into a house, where an old lady was staying alone, in order to commit an offence of robbery with an attempt to cause her death. Thereafter he cold-bloodedly hacked the hapless old lady with a sharp weapon to death. After committing the crime, he caused the disappearance of evidence relating to the crime.

(3.) Court below on an appreciation of evidence found that the investigation conducted was totally unfair to the accused and the investigating officers cooked up false evidence to procure his conviction. Trial court also found that the prosecution witnesses are untrustworthy. On the above reasonings, the court below not only acquitted the accused, but initiated legal action against the two investigating officers. Penalty was imposed on them for the perceived improper investigation.