THACHANALIL SHYJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue raised for consideration in this petition is whether the prosecution can produce an additional document after completing the prosecution evidence.

(2.) Petitioner is indicted for murder in S.C. No.602 of 2012 on the files of the Additional Sessions Court-III, Thalassery. The prosecution alleges that on Christmas eve in the year 2010, petitioner caused the death of one Sri. Sathyan and also attempted to murder PW2 and thereby committed the offences punishable under Sec. 302 and 307 of the Indian Penal Code, 1860.

(3.) After the prosecution witnesses were examined, two applications were filed by the Public Prosecutor as CMP No. 4274/2019 and CMP No. 4275/2019 under sec. 91 and sec. 311 of the Cr.P.C, respectively. In the first of the applications, prosecution sought to examine the Sub Inspector of Police of Kelakam Police Station as an additional witness while in the latter application, they sought the production of a certified copy of FIR and First Information Statement in crime No. 54 of 2009 of Kelakam Police Station.