AKHILESH @ AKHILU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under B'439 of the Code of Criminal Procedure.

(2.) The applicant herein is the 3rd accused in Crime No. 210 of 2017 registered at the Kasargod Police Station, under B'B'153A, 295, 201, 449, 302 read with B'34 of the IPC.

(3.) Deceased Mohammed Riyas @ Riyas Maulavi, was the Ustad of the Old Churi Juma Masjid at RD Nagar, Kasaragod. The accused are RSS activists. The case of the prosecution is that the accused Nos. 1 and 2, who are involved in numerous crimes, nursed hatred towards members of the Muslim community. Though the accused had no acquaintance or enmity towards the deceased, they hatched a plan to murder him. The applicant was possessing a bike which was owned by his brother Amaresh. At midnight on 20.3.2017, the accused proceeded to the Juma Masjid, where the deceased was residing, on a bike ridden by the applicant. The bike was stopped outside the Mosque and accused Nos. 1 and 2 entered the Masjid while the applicant waited outside. It is alleged that the accused Nos. 1 and 2 trespassed into the room where Mohammed Riyas was sleeping and the 1st accused is alleged to have inflicted repeated stab injuries which proved fatal. Hearing the cries of the deceased, CW2 attempted to intervene. He was allegedly threatened by accused Nos. 1 and 2 and was made to flee from the place. After causing fatal injuries to the deceased, the accused Nos. 1 and 2 are alleged to have fled from the scene with the assistance of the applicant. They were then taken by the applicant to the house of his mother to provide them a safe harbour. According to the prosecution, the offence was committed by the accused to strike terror in the minds of Muslims in the area and their intention was to promote disharmony and feelings of enmity between Hindus and Muslims.