MUHAMMED SIRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the 1st accused in S.C.No. 1005 of 2015 on the file of the Additional Sessions Judge -VI, Kollam. By judgment dtd. 11/2/2019, the appellant was found guilty and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,00,000.00 with a default clause for the offence under Sec. 302 of the IPC.

(2.) Haseena, the deceased, is the daughter of Hassan Kunju (A3) and Maimoonath (PW2). Though she was married twice, the marriages ended in separation, due to the psychiatric issues that plagued her. Although her parents took her to various treatment facilities, her ailments remained incurable. The prosecution case is that the 3rd accused was deeply troubled, as he was unable to arrange the marriage of his younger daughter due to Haseena 's mental condition. The 1st accused is alleged to be an exorcist and black magician. The 2nd accused informed the 3rd accused that his own daughter had suffered from similar issues and was cured by the 1st accused. At the request of the 3rd accused, the 1st accused, along with his associates being accused Nos. 4 to 6, began visiting the house of the deceased frequently from 25/1/2014, onwards to perform exorcisms to "drive out evil spirits." It is alleged that, on 12/7/2014, at midnight, accused Nos. 1 to 3, in furtherance of their common intention, conspired to murder Haseena and gathered in the eastern bedroom of the house of 3rd accused. The 1st accused is alleged to have forced Haseena to lie face down on the floor before sitting on her back. Meanwhile, accused Nos. 2 and 3 held her legs firmly to restrain her movements. The prosecution further alleges that the 1st accused then forcibly pulled Haseena upwards, causing a fracture in her vertebral column between the 12th thoracic and 1st lumbar vertebrae. The doctor who conducted the autopsy found numerous other injuries, fresh as well as old, on her body. The prosecution further alleges that, in an attempt to shield the offenders and destroy evidence, the accused transported Haseena 's body to Valiyath Hospital in Karunagappally and misrepresented the cause of death by informing doctors that she had died a natural death. Immediately thereafter, all the accused attempted to bury her corpse with a view to cause disappearance of evidence. Thereafter, the 5th accused took A1 in a car owned by the 3rd accused to avoid his arrest and accused Nos. 2 and 4 harboured the 1st accused in their house. Thereafter, the 6th accused took the 1st accused in the car bearing registration No. KL.23/C-9197 and harboured him in the house of CW16. It is also alleged that, by these actions, the accused committed offences punishable under Sec. 302 r/w. Sec. 120B, Sec. 201, and Sec. 212 r/w. Sec. 34 of the IPC.

(3.) At 11.15 hours, on 13/7/2014, Wahab (PW1), the uncle of Haseena, went to the Karunagappally Police Station and logged Ext.P1 FI Statement, based on which Ext.P14 FIR was registered as Crime No. 2417/2014 under Sec. 174 of the Cr.P.C. Since the local people entertained suspicion with regard to the cause of death, a further probe was initiated by PW18, the ASI of Police, Karunagappally Police Station. He went to the Taluk Hospital, Karunagappally and prepared Ext.P4 inquest. He also initiated steps to forward the body to the Medical College Hospital, Thiruvananthapuram to conduct the autopsy. Ext.P15 report was then sent to court adding Ss. 302, 201, r/w. Sec. 34 of the IPC.