[4/21, 16:58] Sekarreporter: [4/21, 16:54] Rubt Three: This murder case appeal is from Nagercoil Session’s Court. In the trial court the line of defense taken by the defense lead to conviction instead of an acquittal. Even when the defense failed nail the prosecution the Trial Court should not have been mute spectator for administering justice. It failed to take note of very crucial issues involved in the case which was to the advantage of the appellant and defense failed to capitalize them and did not touch that zone. I was engaged to conduct th appeal. I went through the Accident and Post Mortem Reports and found that the Dying Declaration was all a big farce. It was opposite to the Accident and Post Mortem Reports. In the appeal the ground that I took was when the appellant had stabbed the decease on the right side of his neck near the throat and the knife having pierced the vocal cord and punctured the upper part of the lung and collapsed it the deceased could not have given the Dying Declaration for two reasons (i) when the vocal cord of the deceased was he had lost his speech (ii) when the upper part of the lung of the deceased was punctured collapsed and pulse rate has fallen down to the level of 5 he was at final stage of death and for those two reasons it is humanly impossible for the decease to give a detailed description of the entire episode of attack on him. I got him bail but before the final disposal could take place the appellant wanted to engage his known Advocate who had shifted his practice in Madras High Court and the brief was handed over to him. I am confident that the case should have ended in an acquittal. [4/21, 16:58] Sekarreporter: 🌹 [4/21, 16:58] Sekarreporter: Super
