LAWS(KER)-2018-2-43

REGHUNATHAN Vs. STATE OF KERALA

Decided On February 16, 2018
REGHUNATHAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The 5th respondent, who is a practising lawyer of the Thrissur Bar, was appointed as Special Public Prosecutor to conduct prosecution in SC.995/2013 of the Additional Sessions Court, Irinjalakkuda, which has arisen from Crime No.1935/2012 of Mathilakam Police Station for the offences under Section 302 IPC and Section 5 read with Sections 27 and 30 of the Arms Act.

(2.) Presently, the appointment of the 5th respondent as Special Public Prosecutor itself has been challenged by the accused in the case on three grounds. The first ground is that earlier, the 5th respondent had appeared in person before the Sessions Court for and on behalf of the wife of the deceased, who is the 6th respondent herein. Ext. P2 is the copy of the Vakalat filed by one Advocate Mounish for the 6th respondent, before the Sessions Court, Thrissur. According to the petitioner, the said Advocate

(3.) The second ground is that the 5th respondent himself got prepared Ext.P5 sketch through the present Village Officer in respect of the scene of occurrence and has also filed several other applications to bring in some fresh matters in evidence, which were not collected by the investigating officer.