MOHAMMED ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, by the 7th accused in Crime No.464/2023 of the Manjeshwar Police Station, Kasaragod, registered against the accused (7 in number) for allegedly committing the offences punishable under Ss. 449, 201, 212, 120(B) and 302 r/w Sec. 34 of the Indian Penal Code. The petitioner has been in judicial custody since 7/7/2023.

(2.) The crux of the prosecution case is that: on 3/6/2023 at about 2.00 a.m, the accused 1 to 6, in furtherance of their common intention, trespassed into the house of the brother of the first accused, Sri. Prabhakara Nonda (deceased), situated at Kalayi in Paivalike village, and committed the murder of the deceased by chopping and cutting him with a sword and knife. The motive behind the crime is because there was a property dispute between the first accused and the deceased. The murder was committed as a result of the conspiracy that was hatched between the accused. On 2/6/2023, at night, the 7th accused along with accused 3 went in the auto rickshaw belonging to the 7th accused and met the 4th accused. They planned the murder and arranged facilities for them to hide. After the murder, the 7th accused took the accused 4 to 6 to Kasaragod Bus Stand in his auto rickshaw and permitted them to flee. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Kodoth Sreedharan, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor.