BUDHADEP DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, 'BNSS') by the accused 1 and 2 in Crime No.813/2024 of the Perinthalmanna Police Station, Malappuram, which is registered against the accused, for allegedly committing the offences punishable under Ss. 449, 302 and 380 r/w Sec. 34 of the Indian Penal Code (in short, 'IPC').

(2.) The prosecution case, in brief, is that: on 26/4/2024, at around 12:00 hours, the accused, in furtherance of their common intention and out of their previous animosity towards a person named Dipankar Majhi (deceased), had given the deceased 12 sleeping pills mixed with sugar candy and he, fell unconscious. Thereafter, the accused suffocated him with a pillow and he died. The accused robbed the mobile phone of the deceased and entrusted the same to a mobile phone shop to delete the data. Then, the accused fled away to their native place in State of West Bengal. Thus, the accused have committed the above offences.

(3.) Heard; Sri.C.M.Mohammed Iqbal, the learned counsel appearing for the petitioners and Sri.C.K.Suresh, the learned Special Public Prosecutor.