A.G.LAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was entrusted with the investigation in Crime No.58 of 2011 of Chemmangad Police Station, for one day, has filed this Crl.M.C seeking to expunge the disparaging remarks in Annexure A1 judgment of the Additional Sessions Judge-V, Kozhikode in Sessions Case No.1017 of 2012.

(2.) The essential facts are as follows: On completion of investigation in Crime No.58 of 2011, final report was submitted alleging commission of the offence punishable under Section 302 r/w 34 of Indian Penal Code . The prosecution allegation was that the accused, who were serving policemen, had caused grievous injuries to one Udayan due to their previous enmity towards him and Udayan had succumbed to his injuries at the hospital. Before the trial court, the prosecution examined PW 1 to PW27 and marked Exts.P1 to P29. On the defence side, Exts.D1 to D4 were marked, but no witness was examined. By Annexure E judgment, the trial court found the prosecution to have failed in proving the charges beyond reasonable doubt and that, absolutely no evidence was produced to connect the accused to the crime. The learned Sessions Judge had further found that the investigating officers, ie, PWs 23, 25 to 27 had conducted the investigation in desultory manner and were not eager to bring the culprits to book.

(3.) The petitioner, who in his capacity as investigating officer was examined as PW25, is aggrieved by the following observations and directions in the judgment: