VINOD KUMAR & ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are the accused Nos. 1 and 2 in Crime No.1462 of 2017 of the Kottayam East Police Station. They are accused of having committed the offences punishable under Sections 302 and section 201 read with section 34 of IPC.

(3.) The 1st petitioner is the husband of the 2nd petitioner. He was the accused in a Crime involving offence punishable under Section 302 of the IPC and was in judicial custody for a substantial period. While he was in custody, the 2nd petitioner became close to one Santhosh Philipose, the deceased in this case, who was a nearby resident. Somehow or the other, this illicit relationship came to the notice of the 1st petitioner herein. After his release on bail, he started residing with the 2nd petitioner and their minor children. In order to do away with the aforesaid Santhosh, the 1st petitioner directed the 2nd petitioner to call him over to their residential home. As directed by the 1st petitioner, the deceased was invited and it is alleged that he was done to death in the most brutal manner possible. The deceased was cut into pieces and his body parts were filled in sacks and thrown to the neighboring property. He was decapitated and his head was taken to a distant place and was thrown into a water body. On 27.8.2017, based on the information furnished by a Panchayat member, the Crime was registered. Further investigation revealed that Santhosh Philipose was missing from 23.8.2017 and his relatives identified his body. Later, investigation revealed that the last calls to the mobile of the deceased were from the 2nd petitioner. Investigation finally led to the arrest of the petitioners herein. Based on the disclosure statements furnished by the petitioners, the head of the deceased as well as the weapons which were used for committing the offence were seized. After completion of investigation, final report was laid before the jurisdictional court.