M PANKAJAKSHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The facts revealed in this case are shocking. How absence of a proper and efficient investigation can shock the conscience of the community and leave citizens with the sense of despair and frustration is revealed evidently from the facts and circumstances of this case. I shall carefully avoid any detailed reference to the facts or the allegations. Suffice it to say that after going through the voluminous records in this case, I am left with a deep sense of dissatisfaction about the manner in which the crime has been investigated. The unfortunate plight of the petitioner, the mother of a deceased person, does evoke great sympathy, anguish and trauma in my mind.

(2.) The petitioner's son, a Hindu by religion, had fallen in love with a Muslim girl of the neighbourhood. They had eloped in May, 2001. Apprehending hostility locally, they fled to a relative of the boy, who was prepared to accept the couple and they lived together in a town in Tamil Nadu. They allegedly got married in between. There were efforts to trace the couple by the relatives of the girl. Threats and intimidation were held out against the relatives of the boy. Even the couple were contacted over the telephone and they were allegedly intimidated. Relatives of the boy in Tamil Nadu were also intimidated. Ultimately on the persuasion of persons and because of the compulsion of the boy to earn a livelihood, he had gone back to Kasaragod and had taken up residence at his house along with the girl. The parents of the boy accepted the couple. On 18.09.2001, the petitioner's son was murdered. Even the F.I.R shows that it was 1st accused who allegedly committed the offence. He was accompanied by the 2nd accused in a car in which the deceased was taken and stabbed. He was taken to the hospital. Enroute to the hospital, the petitioner's son breathed his last. Then started the tale of investigation in this case. The petitioner had come to this Court on a couple of occasions and this Court had directed ultimately as per order dated 30.1.2006 that a very high ranking police official - Deputy Inspector General of Police, must himself monitor the investigation.

(3.) Even now after the lapse of a period of about 6 years, the investigation has not been completed. The Superintendent of Police, Crime Branch C.I.D who was monitoring the investigation has now submitted a port to the Additional Director General of Police, in which he has summarised the conclusions in the case. Five accused have been identified. Accused 1 and 2, as stated earlier are the persons who had actually inflicted the injuries. Accused Nos.3 & 4 are allegedly conspirators who along with accused 1 and 2 had planned the commission of murder. Accused 5 had allegedly enabled the 1st accused to flee and escape to the neighbouring State and from there to a place abroad. Accused No.1 has not been traced so far. All the other accused have been arrested.