SAJEEV Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The sole question arises for consideration in this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C', for short) is: Whether the presence of the accused is mandatory for the examination contemplated under Section 313(1)(b) Cr.P.C

(2.) The person who has raised this question before this court is the 2nd accused in S.C No.1075/2007. According to him, an application moved by him as Crl.M.P No.1383/2013 after the closure of the prosecution evidence for getting exempted from being personally present for examination under Section 313(1)(b) Cr.P.C was dismissed by the Additional District and Session's Judge, Thiruvananthapuram on 22.04.2013 and therefore, he was aggrieved.

(3.) The allegation against the petitioner was that he along with the 3rd accused in the case has sold the dinner sets stolen by the 1st accused on 23.06.1999 from the Kowdiar Palace to multiple persons, during the course of his employment there as a store-keeper.