ABDUL ARSHAD Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant herein is the 3rd accused in SC No.654 of 2018 on the file of the Sessions Court, Kasargod, wherein he along with accused Nos. 1, 2 and 4 face indictment under Sections 449, 302 and 397 r/w Section 34 of the IPC.

(3.) On 17.1.2018, as previously planned, the accused Nos. 1 to 4 reached the house of one Subaida, who was aged about 60 years and was living alone at Checkkippalam, Kasaragod. While the accused Nos. 3 and 4 waited in the car parked outside, the accused Nos. 1 and 2 entered the house of Subaida. The 2nd accused smothered Subaida with a cloth drenched with some stupefying substance while the 1st accused held her hand. The deceased was rendered unconscious and thereafter the accused Nos. 1 and 2 are alleged to have committed theft of the ornaments worn by her. They escaped from the scene in the car driven by the 4th accused. Later, the gold ornaments were sold for a sum of Rs. 1.18 lakhs and the proceeds were shared.