SOPHIAMMA KURIEN Vs. K C VARGHESE KUNJUKUTTY

JUDGEMENT

(1.) This Criminal Miscellaneous Application is filed by the wife of deceased Sunniappan, who was the victim in S. C. No. 262 of 2003 on the file of the Sessions Court, Kottayam, for getting the copy of the records mentioned in the schedule to the application for producing before the Sub Court, Kottayam where a suit for damages filed by the petitioner is pending.

(2.) The husband of the petitioner died on account of the injuries inflicted by the appellant in this Criminal Appeal. Crime No. 35 of 2001 of Vakathanam Police Station was registered against the appellant. After facing trial, the appellant was found guilty under S.304 Part II I. P. C., he was convicted thereunder and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 15,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year. The Trial Court further ordered that if the fine amount was realised, a sum of Rs. 10,000/- shall be paid as compensation to the legal heirs of deceased Sunniappan. The appellant has approached this Court challenging the above conviction and sentence. The entire records relating to this case is now before the High Court. The petitioner now submits that she has filed a suit for damages before the Sub Court, Kottayam and that for the purpose of the said case, certified copies of certain documents mentioned in the schedule to the application are required.

(3.) This Court heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor. The application is seen filed under S.129 of the Kerala High Court Rules. The above section reads as follows: