SHIHABUDHEEN @ SHIHAB Vs. STATEOF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the 1st accused in crime No.26 of 2010 of Vazhakkad police station. The offence alleged are under Section 302, 201 and 120B r/w Section 34 of the IPC.

(2.) The prosecution allegation is that on 2.2.2010 at 8.30 a.m, a part of the decomposed human body was found buried in a laterite quarry at Channayil, Moolottumala, Malappuram district. Based on a complaint filed by one Puthiyottil Azees, manager of Akkode Crusher, crime was registered as crime No.26 of 2010 under the caption "un -natural death". Initially investigation was conducted by the S.I of police, Vazhakkad, and in the course of investigation, body was identified to be that of Enoor Rahiman, a native of Assam who was employed in the Akkode B.A.3066 of 2016 Crusher. Autopsy revealed that Enoor Rahiman was strangulated and his body was buried in the laterite quarry. Later, Section 302 and 201 of the IPC was added and the case was handed over to the C.I of police, Kondotty, for further investigation. Though several witnesses were questioned, identity of the assailants remained elusive.

(3.) Investigation was thereafter handed over to the CBCID. Based on the call data records of the phone of the deceased, several workers of the Akkode Crusher were questioned. On interrogation of one of the witnesses, it was revealed that the petitioner herein, who is a worker at the Al -Ameen Crusher, is aware of the circumstances which led to the murder of Rehiman. Later, the investigation revealed that the deceased had a love affair with the niece of the 1st accused and he had a role to play in the incident. Investigation further revealed that the deceased had fallen in love with one Rahila, the daughter of the 5th B.A.3066 of 2016 accused and aggrieved by the same, accused Nos.1 and 5 had conspired together and for putting an end to the life of the deceased. The prosecution case is that the 1st accused offered a sum of Rs.25,000/ - to the 2nd accused and the 2nd accused with the active help and assistance of accused Nos.3 and 4 had brought the deceased to the Akkode Crusher and strangulated him to death at 3.45 a.m at 31.10.2010. It is on the basis of the above conclusion that the petitioner along with the 2nd accused were arrested on 19.3.2016 from Kondotty.