MOHAMMED SAHEER AND OTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973

(2.) The applicants herein are the accused in Crime No. 231 of 2018 registered at the Kalpakanchery Police Station. Initially the crime was registered under section 174 of Cr.P.C., 1973 In the course of investigation, Section 174 was deleted and Section 306 r/w Section 34 of the IPC was incorporated.

(3.) According to the prosecution, the accused Nos. 1 to 3 are brothers and they are residing in the same house. The 4th accused is the friend of the 2nd accused. On 28.08.2018 at about 1.30 a.m, one Shajid, entered the house of the accused through the roof in an inebriated state. He was apprehended and was tied up. The neighbours came to the scene of crime and they snapped photographs of Shajid. They then alerted the police, who came to the spot. However, no crime was registered. Traumatised by the act of the accused in snapping his photographs and circulating the same through Whatsapp and social media, on 31.8.2018, at 8 p.m., Shajid took his own life by hanging himself inside the bed room of his residential home.