THANSEER Vs. STATE OF KERALA REPRESENTED

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 4th accused in S.C. No.901 of 2018 on the files of the Principal Sessions Judge, Thiruvananthapuram. He faces indictment for having committed offences punishable under Sections 302, 307, 120B, 449, 201, 202 and 212 r/w. Section 34 of the IPC.

(3.) According to the prosecution, the 1st accused is a successful businessman with establishments in the middle east. His marriage with his wife was on the rocks as he believed that she was having an extra marital relationship with one Rajesh. He resolved to teach Rajesh a lesson and confided his wish to the 2nd accused, who was a close associate and employee. The 2nd accused, had good connections in the State of Kerala. Rajesh incidentally was running a Recording Studio at Madavoor, within the territorial jurisdiction of Pallickal Police Station. The 2nd accused contacted accused Nos. 3, 4, 5 and 7 and hatched a conspiracy to do away with Rajesh. They assembled in the house of the 6th accused and hatched a plan to liquidate Rajesh. Weapons and vehicles were mobilized and necessary arrangements were made to make good their escape without leaving any trace. On 26.03.2018, in the late hours, the accused Nos. 2 to 4 proceeded in a Maruti swift car and reached the recording studio of the deceased. They entered the studio and found that CW1, a close friend of Rajesh, was with him. The applicant with intent to murder, flashed a bill-hook and inflicted serious injuries on the body of CW1. After injuring CW1, the accused Nos. 2 and 3 entered the studio and after cornering Rajesh, with intent to commit murder, inflicted a series of cut injuries with swords. After ensuring that Rajesh would not survive, the accused are alleged to have left the scene. Rajesh was rushed to the hospital, however, his life could not be saved. Based on the statement furnished by CW1, a crime was registered on 27.03.2018. Investigation was taken over by the Inspector of Police, Kilimanoor, who laid the final report before Court.