RAJAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant is the accused in Crime No.72 of 2018 registered at the Areacode Police Station, under §302 of the IPC. The deceased is his own daughter, who was aged 21 years when she was murdered.

(3.) According to the prosecution, the daughter of the applicant fell in love with a man. He was a member of the Scheduled Caste. The deceased was working as a Dialysis Technician at the Medical College Hospital, Kozhikode. The applicant came to know about the affair. He warned the deceased and asked her to cut her ties with her lover. The deceased, being fed up with the threat and harassment, eloped with her lover on 8.3.2018 and went off to Lucknow, where he was working as a Sepoy in the Indian Army. According to the prosecution, the applicant persuaded his daughter to come back home by assuring her that her marriage would be solemnized on 23.3.2018. He thus managed to tactfully persuade the deceased to come back home. On reaching home, she realized that she was duped by her own father. This led to a confrontation. It is alleged that on 22.3.2018, at about 4 p.m., the applicant attacked the deceased with a knife. She managed to escape and took refuge in a nearby house owned by one Abdul Latheef. The applicant followed her and entered the store room of the house where the deceased had entered to save her life. He then inflicted a stab injury on her chest, which bisected her heart and lung. Though the girl was rushed to the KMCT Medical College Hospital, Mukkom, her life could not be saved. The applicant was arrested on the next day and he was remanded. The investigation was completed and final report was laid before the learned Magistrate. The case has now been committed to the Court of Session, Manjeri.