NABEESA A KARIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of a 12 year old girl, who was murdered and her body was found abandoned stuffed in a gunny bag on 21.07.1997. Investigation was conducted by the police. The petitioner had occasion to come to this Court complaining about the allegedly inadequate investigation. That petition was disposed of by order dt.1.6.1999 in O.P.2818 of 1998 by this Court, a copy of which is produced as Ext.P1. At that stage, it was reported that investigation is complete and a charge sheet/final report has been filed against two accused persons. The 2nd accused who was charge sheeted is none other than the husband of the petitioner herein, ie. the father of the child, who was murdered.

(2.) The petitioner appears to have accepted Ext.P1 order. The order was not challenged. Though at the Bar it was submitted earlier that Ext.P1 order was challenged in writ appeal before this Court, it is submitted now that there has been no such challenge. In short, the petitioner appears to have accepted Ext.P1. It shows that after investigation, the petitioner's husband himself was arrayed as the 2nd accused along with another with whom he is alleged to have shared the common intention to commit the murder of his daughter.

(3.) The further proceedings continued and the petitioner's husband along with the co-accused faced trial before the learned Additional Sessions Judge (Fast Track - I), Palakkad. In that prosecution, PWs 1 to 29 were examined and Exts.P1 to P23 were proved. M.Os 1 to 13 were also marked. No defence evidence was adduced. The learned Sessions Judge by Ext.P2 judgment found that the prosecution has not succeeded in proving the guilt of either of the two accused. Accordingly, the learned Sessions Judge proceeded to pass the judgment dated 16.11.2002 in Sessions Case No.246 of 1998, a copy of which is produced as Ext.P2, in this Writ Petition.