SYAM PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 439 of the Cr.P.C., 1973

(2.) The applicant herein is the 3rd accused in Crime No.302 of 2018 registered at the Kaliyar Police Station under Sections 120(B), 449, 302, 392, 397, 376, 201, 202, 411 r/w Section 34 of the 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, including cash. The dead bodies were then buried with intent to conceal the commission of the offence. According to the prosecution, accused Nos. 1 and 2 shared the proceeds and left the place. The allegation against the applicant herein is that the accused Nos.1 and 2 on an earlier occasion had met the applicant, who is a friend of the 2nd accused, and offered to share the proceeds if he agrees to co-operate with them. However, stating various reasons, he did not accede to their request. It is also alleged that on 30.7.2018, the 1st accused along with the 2nd accused approached the applicant and sought his assistance to bury the bodies so as to conceal the murder. Based on their request, the applicant is alleged to have purchased three pairs of gloves from a medical shop at Mangattukavala and the same were handed over to the accused Nos.1 and 2. It is also the case of the prosecution that the applicant was a party to the criminal conspiracy hatched by accused Nos.1 and 2 and that he had failed to disclose the the facts to the the law enforcement authorities as a law abiding citizen.