FAYIS Vs. THE ASSISTANT POLICE COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE petitioner is implicated as accused No. 15 in Crime No. 401/2011 of Mukkom Police Station, Kozhikode Rual District, which is now pending in the long pending case list as L.P. No. 2/13 on the file of Judicial First Class Magistrate Court -II, Thamarassery. The case is one involving the murder of one Sri. Shaheed bava, who is a native of Cheruvadi in Kozhikode District. The prosecution case is as follows:

(2.) CHARGE Witness No. 2 (Ramla) is residing very near to Kodiyathoor Village and the deceased Shaheed Bava was employed in Gulf Countries for some time and after his return from Gulf he used to visit the house of Ramla which annoyed the local people including the accused. On 22/10/2011 night, while Shaheed Bava was returning from the house of Ramla in his car, some persons attempted to obstruct his car and that thereupon Shaheed Bava tried to hit them with the car. Accused Nos. 2, 5 to 12 and 14 chased Shaheed Bava to his house and from there the relatives of Shaheed Bava threatened them. That thereafter accused were allegedly waiting for an opportunity for retaliation. While so, on 9.11.2011, at night, Shaheed Bava came to the house of Ramla along with accused No. 4 in the autorickshaw driven by A4. At about 11.30 p.m., deceased Shaheed Bava made a call to accused No. 4 and while he was returning from the house of Ramla and when he reached near the house of one Sri. Muhammed Basheer, all the accused formed themselves into unlawful assembly and committed riot with deadly weapons and they attacked deceased Shaheed Bava with sticks and iron rods and dragged him upto an electric post situated near the road side and tied him with a plastic rope to that electric post. Thereafter someone had telephoned the police and CW14, Assistant SI and and a police constable came to the spot to save the deceased Shaheed Bava. But the accused obstructed the police stating that only the dead body will be allowed to be taken. Hence, CW14 contacted the SI of Police who came with the police jeep and took the deceased Shaheed Bava to KMCT Hospital at Mukkom and since he sustained serious injuries he was referred to Baby Memorial Hospital, Kozhikode. There he underwent surgery but he succumbed to the injuries on 13/11/2011, about four days after the initial incident of the attack which took place on 9/11/2011. It is alleged that the accused had common object to kill the deceased Shaheed Bava and with that common object, they committed the riot with deadly weapons and attacked deceased Shaheed Bava etc.

(3.) SINCE the petitioner (A15) did not participate in the trial as he was abroad the case against him has been split up and has been included in the long pending case list as L.P. No. 2/2013 on the file of the Judicial First Class Magistrate Court -II, Thamarassery. Accused Nos. 1 to 14 in the crime faced trial and as per judgment dated 08/10/2014 in S.C. No. 210/2012, the Special Additional Sessions Judge (Marad Cases), Kozhikode acquitted accused Nos. 2, 7, 12, 13 and 14 and had convicted the other accused for the offences including the one under Section 302 of the IPC.