STATE OF KERALA Vs. VENKITA RAO

JUDGEMENT

(1.) The Sessions Judge of Tellicherry acquitted the accused of an offence under S.302 of the Penal Code holding that he was insane at the relevant time and that S.84 of the Penal Code entitled him for an acquittal. A learned Judge of this Court on perusing the calendar felt that the statement of the law by the Sessions Judge was not correct and the learned Judge made a note to that effect on the calendar. The Public Prosecutor filed an appeal against the acquittal, which was dismissed summarily by a Division Bench. Still, the learned Judge who perused the calender felt that in the interests of justice the records of the case should be called for. The records were consequently called for under S.439 of the Code of Criminal Procedure and the calender revision is now before us.

(2.) Two main questions arise for consideration: one, whether the calendar revision is competent; and two, if it is competent, what are our powers -- what we should do in the case. Incidentally, a further question may also become necessary -- whether the dismissal of the appeal against acquittal in limine by the Division Bench was proper.

(3.) There are quite a few decisions by the Supreme Court which may be relevant for the questions to be decided by us. We do not propose to refer to all of them; and we shall rest content by restating the principles that could be gathered from those decisions.