STATE OF KERALA Vs. JITHAKUMAR

JUDGEMENT

(1.) Prelude : Udayakumar, a 28-year-old man, was picked up by two police officers attached to the Fort Police Station, Thiruvananthapuram, on 27/9/2005 at around 2:15 a.m., while he was standing with his friend Suresh Kumar at Sreekandeshwaram Park, Thiruvananthapuram. He was taken to the Fort Police Station and thereafter to the nearby office of the Circle Inspector, where he was subjected to custodial interrogation involving the use of force and infliction of injuries. Later, on the same day, Udayakumar was declared dead at approximately 11:40 p.m. at the Medical College Hospital, Thiruvananthapuram. The post-mortem revealed severe crush injuries to both thighs, which were determined to be the cause of death. The prosecution case is that the death of Udayakumar was the result of custodial violence and torture inflicted under the shield of police uniform and authority, within the confines of a Police Station. The case also exposes the manner in which senior police officers colluded with their subordinates to suppress the truth and obstruct the course of justice. Following a prolonged investigation, initially by the CBCID and subsequently by the CBI, the trial was conducted before the learned Sessions Court. Accused Nos. 1 and 2 were found guilty of murder and were sentenced to death by hanging. The superior officers, arraigned as accused Nos. 4 to 6, were found guilty of conspiracy and of abusing their official position to fabricate records and cause the disappearance of evidence in an attempt to shield the perpetrators. They were accordingly convicted and sentenced to undergo lesser terms of imprisonment. Accused No. 2 passed away in the course of proceedings, and hence the proceedings against him were abated.

(2.) The prosecution case:

(3.) Initial Investigation: