BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein stand indicted for murder and are facing trial in S.C. No. 788 of 2011 on the file of the Additional Sessions Judge-III, Alappuzha.

(2.) It is the case of the petitioners that final report in the above sessions case was laid before the jurisdictional Magistrate by the Deputy Superintendent of Police, CBCID on 30/05/2011. From the final report, it is discernible that the incident had taken place on 16/04/2006 and investigation was taken over by CW 45, the Inspector of Police, North Police Station, on 17/04/2016. He had questioned most of the witnesses, prepared the inquest, seized the clothes of the deceased, prepared the scene mahazar and recovered the material objects. He had also arrested the accused and had recovered the weapon of offence. According to the petitioner, substantial part of the investigation was conducted by the said officer. On 24/11/2016, the investigation was taken over by the CBCID pursuant to orders of this Court. Thereafter, CWs. 46 to 49, who are officers of the CBCID, carried out the investigation and it was CW 50, who had laid the final report before the jurisdictional Court after verifying the records. According to the petitioners, the 161 statements of witnesses, which were recorded by CW 45, were not supplied to the accused.

(3.) The petitioners, in the said circumstances, filed Annexure-B application before the learned Sessions Judge requesting that the investigating officer be directed to serve the 161 statements of the witnesses, which were recorded by CW 45. The learned Sessions Judge, by order dated 02/11/2018, allowed the said application and the investigating officer was directed to produce the records for being handed over to the accused. According to the petitioners, the said order was not complied with.