C NARAYANAN WRITER AND Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case in which a Sub Inspector was shot dead inside his police station. The crucial question involved here is whether he shot himself dead or was shot at by one of his subordinates in conspiracy with others in the police station. Sessions Court found that he was shot dead by one of his subordinates. One Head Constable and two Constables (out of seven persons arraigned as accused in the trial court) were convicted and sentenced for murder and also for certain other allied offences. Other accused were acquitted. The first three appeals are those preferred by the convicted accused. Union of India filed one appeal for enhancement of sentence from imprisonment for life to death penalty and another appeal against acquittal.

(2.) The scene of occurrence was the Sub Inspector's room in Panur Police Station. The data of occurrence was 12-3-1981 at 11.55 a.m. The facts of this case are simple, but evidence is much. Three different agencies have handled the investigation in this case at three different stages. The first two (local police and then crime branch wing of Kerala Police) concluded that this is a case of suicide. But the Central Bureau of Investigation (for short 'C.B.I.') reached the conclusion that this is a case of homicide and that the seven accused conspired to murder the Sub Inspector. Evidence consists of opinions and conclusions of a number of experts. There are circumstances pointing to divergent conclusions regarding the Sub Inspector's death-suicide or homicide.

(3.) Earlier, these appeals were heard by a Division Bench consisting of Sukumaran and Rajasekharan, JJ. They differed in their conclusions. But Sukumaran, J. instead of pronouncing judgment, passed an order expressing his desire that the entire matter should be heard and decided by a larger bench. Under the proviso to S.392 of the Code of criminal Procedure, the case shall be heard by a larger bench in such circumstances. Accordingly, the Hon'ble Chief Justice constituted this Full Bench.