Kerala High Court Overturns Murder Conviction in Landmark Fair Trial Ruling
The Kerala High Court has delivered a significant judgment by setting aside the murder conviction of a daily-wage labourer who spent fourteen years in prison. The court ruled that the accused faced a complete denial of fair trial rights throughout the legal process.
Fourteen Years Without Proper Legal Defense
Babu C G, a native of Pampady in Kottayam district, remained incarcerated for fourteen years during investigation, inquiry, trial, and appeal proceedings. The Division Bench comprising Justice Raja Vijayaraghavan and Justice K V Jayakumar found that Babu had been forced to defend himself without competent legal representation throughout this prolonged period.
The court noted with concern that the accused had to personally cross-examine six prosecution witnesses during his trial. Several other witnesses were examined in his complete absence, further compromising the fairness of the proceedings.
Judicial Overreach and Procedural Violations
In a strongly worded observation, the High Court criticized the conduct of the sessions judge in Kottayam. The bench stated that the judge had illegally assumed the role of public prosecutor by conducting chief examinations personally when the prosecutor was absent.
The court emphasized that while judges have the authority under Section 165 of the Indian Evidence Act to question witnesses to uncover truth, they must never usurp the prosecutor's role. This fundamental violation of procedural norms rendered the entire trial process unfair and unjust.
Case Timeline and Legal Proceedings
The murder charge under Section 302 IPC was formally framed against Babu in November 2014. The trial faced numerous adjournments and delays, finally concluding only in October 2019. The trial court convicted Babu to life imprisonment with an additional fine of fifty thousand rupees.
Failure to pay this fine would have resulted in another six months of rigorous imprisonment. Babu filed his appeal to the High Court in 2020, and the court delivered its judgment setting aside the conviction on January 12, 2026.
Systemic Failures and Future Safeguards
Advocate V Vijitha, representing Babu, highlighted systemic issues during arguments. She explained that the accused lacked financial resources to hire competent legal counsel. Some lawyers had withdrawn from the case while the trial was ongoing, leaving Babu completely without representation.
The High Court took serious note of these circumstances. The bench directed its Registry to forward the detailed order to the Kerala Judicial Academy. This measure aims to provide future guidance to sessions judges, ensuring similar episodes do not recur in the judicial system.
No Retrial Ordered Due to Extraordinary Circumstances
In a compassionate consideration of the case's unique circumstances, the High Court decided against ordering a fresh trial. The bench explicitly stated that directing a de novo trial would not serve justice, fairness, or propriety given what had transpired.
However, Babu will remain in prison as he faces conviction in a separate murder case. This aspect underscores the complex nature of legal proceedings and their intersection with individual rights and systemic justice.
The judgment serves as a powerful reminder about the fundamental right to legal representation in criminal trials. It reinforces constitutional protections that must be upheld at every stage of judicial proceedings, regardless of an accused person's financial status or social standing.
