SUNEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under S. 439 of the Cr.P.C.

(2.) The applicant herein is the 4th accused in Crime No. 302 of 2018 registered at the Kaliyar Police Station under Section 120B, 449, 302, 392, 397, 376, 201, 202, 411 r/w S. 34 IPC.

(3.) According to the prosecution, accused Nos. 1 and 2 in the aforesaid crime hatched a criminal conspiracy to do away with one Krishnan, who was living with his family comprising of his wife and two children within the limits of Vannapuram Grama Panchayat. In pursuance of the said conspiracy, on 29.07.2018 at about 1 a.m, they trespassed into the house and inflicted fatal injuries on Krishnan, his wife Suseela and their two children. They are alleged to have committed theft of gold ornaments and cash as well. The dead bodies were then buried with intent to conceal the commission of the offence. It is alleged that the accused Nos. 1 and 2 shared the proceeds and left the place. Later, the 2nd accused is alleged to have approached the applicant herein and his assistance was sought for pledging the gold ornaments. According to the prosecution, the applicant was told by the accused that the ornaments were stolen from the house of Krishnan after the murder. The gold ornaments were pledged by the applicant in a private financial institution at Thodupuzha and a sum of Rs.40,000/- was obtained, out of which a sum of Rs.15,000/- was retained by the applicant. According to the prosecution, the applicant herein was having clear knowledge about the horrendous acts committed by accused Nos. 1 and 2.