SMITHA K.RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the third accused in Crime No. 650/2024 of the Mavelikkara Police Station, Alappuzha, which is registered against the accused persons for allegedly committing the offences punishable under Ss. 120 (B) and 302 r/w Sec. 34 of the Indian Penal Code. The petitioner was arrested and remanded to judicial custody on 19/6/2024.

(2.) The essence of the prosecution case is that: the third accused, who is a married lady, had maintained a relationship with one Rajesh (deceased). The deceased used to demand money from the third accused and used to mentally harass her. Due to this animosity, the third accused hatched a conspiracy with the accused 1 and 2 to murder the deceased. Accordingly, on 18/6/2024, between 00:45 hours and 01:50 hours, while the deceased was sleeping in front of the Union Bank, Mavelikkara, in an intoxicated state, the first accused hit him on the rare side of his head with the handle potion of the cycle pump, and the deceased attempted to stand up, the first accused pushed him down and again inflicted injuries on his head, and he succumbed to injuries. Initially, the case was registered under Sec. 174 of the Cr.P.C. During the course of the investigation and the interrogation of the accused, it was revealed that the accused 1 to 3 had committed the murder of the deceased. Thus, the accused have committed the above offence.

(3.) Heard; Sri. T.P. Pradeep., the learned counsel appearing for the petitioner and Smt. Pushpalatha. M.K, the learned SeniorPublic Prosecutor.