NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS case unravels a disturbing judicial aberration. Appellant, who was tried for the offence punishable under Section 302 I. P. C. was found guilty by the trial court and convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000 with a default sentence. Appellant is now undergoing incarceration since January 29, 2009, the day on which the trial court imposed the above sentence on him.

(2.) IT is not uncommon that a presiding Judge while trying a case may commit mistakes, both in law or on facts. It is yet again possible that the Judge may fail to follow the procedure prescribed under law, while disposing of the case. The mistakes or omissions/commissions need not always invite criticism at the hands of the higher authority under the hierarchy. A Judge is a human being. He can commit mistakes, may be out of ignorance or due to non-availability of adequate assistance at the bar. But, when a presiding Judge commits a mistake ignoring the rudimentary or elementary principles of law, it becomes a matter for concern. Such mistakes obviously will create panic among the citizenry who have abundant faith in the justice dispensation system in the country. When such judicial aberrations come to the notice of the higher authority, it should be ensured that similar mistakes are not repeated by others occupying the seat of judicial power.

(3.) WE have made the above observations only to express our anxiety and anguish about this recurring malady, inspite of consistent efforts that are being made to impart training to the judicial officers. But still, such instances do recur. The malady still persists and the remedy appears to be elusive.