KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Cr.P.C.

(2.) One Abdul Manaf was murdered by a group of persons, on 30.04.1995, and severe injuries were inflicted on his father, Alikoya, and his near relatives. On the basis of information furnished by a certain Hamsa, an FIR was registered as Crime No. 45 of 1995 under Sections 143, 147, 148, 451, 323, 324, 307, 302, 107, 120B r/w Section 149 of the I.P.C. Investigation was completed and the final report was laid before the jurisdictional Magistrate on 29.04.2000 arraying as many as 26 persons as the accused. The applicant in BA No.6738 of 2018 was the 19th accused and the applicant in BA No. 6832 of 2018 was the 17th accused in the final report. The case against the applicants and accused Nos. 1 and 3 was not committed as they absconded. The 7th accused expired pending trial and the case against him stood abated. In order to secure the presence of the absconding accused, coercive proceedings were initiated. However, they remained at large.

(3.) The case was proceeded against the available accused and by judgement dated 24.9.2009 in SC No. 453 of 2001, they were found not guilty and were acquitted or all charges. Against the order of acquittal, the State has preferred appeal, which is pending. The brother of the deceased has preferred Crl.R.P No.3334 of 2009 against the order of acquittal, which was admitted by this Court and the same is also pending.