The Thiruvananthapuram Additional District and Sessions Court VI on Tuesday suspended the trial in a murder case after the prosecution flagged a procedural lapse in the charge sheet.
The trial that was under way in the case relating to the murder of Nedumangad native Mohanan Nair in 2017 has come to an abrupt halt. Seven witnesses have been examined thus far in the case.
Flaws in the charge sheet came to the fore when Additional Public Prosecutor M. Salahudeen pointed to lapses that occurred while declaring the fourth accused in the case, Saju of Konchiravila, as an approver.
Mohanan Nair, who owned a financial institution, was murdered by a gang on September 27, 2017 after he purportedly demanded the second accused, Anad native Seema Wilfred, to repay a loan of ₹ 5 lakh that he had given her. The other accused persons in the case included Shahjahan alias Irachi Shaji of Kamaleswaram and Muhammed Subair of Beemapally.
According to the prosecution, the investigation team led by Palode Circle Inspector S. Jayakumar had submitted petition to the Chief Judicial Magistrate Cijimol Kuruvilla seeking permission to declare Saju as an approver in the case. While the request was granted, Nedumangad Judicial First Class Magistrate (Forest Offences) Minimol F., who had accepted the charge sheet, did not record the approver’s statement as mandated by the norms. The procedural lapse, which was overlooked by the investigation officer M. Suresh Kumar, had apparently rendered the charge sheet incomplete.
With the trial court not authorised to rectify the technical error, the prosecutor has written to the Director General of Prosecution to seek necessary directions from the Kerala High Court in order to resume the trial.
