LAWS(KER)-2019-11-14

SREELESH Vs. STATION HOUSE OFFICER ELATHUR POLICE STATION

Decided On November 05, 2019
Sreelesh Appellant
V/S
Station House Officer Elathur Police Station Respondents

JUDGEMENT

(1.) These applications are filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicants in B.A.No.7530 of 2019 are the accused Nos. 1 to 5 and the sole applicant in BA.No.7817 of 2019 is the 6 th accused in Crime No.703 of 2019 of the Elathur police station, registered under Sections 143, 147, 341, 323, 506, 307 and 306 of the Indian Penal Code.

(3.) Sri. Rajesh, the husband of the informant, was a fisherman. He availed a loan and purchased an autorickshaw for eking out a livelihood. While he was plying the vehicle within the limits of Elathur Village, autorickshaw workers, who owe allegiance to the CITU, raised objection. He was asked to refrain from plying his vehicle in the area without getting himself enrolled in the CITU. When he refused to accede to the demands, he was abused and threatened with dire consequences by the accused. The 1st accused is a prominent Union leader and a Panchayat member of the area. On 15.9.2019, at about 5.15 pm, about 10 persons, headed by the 1st and 2nd accused, intercepted the autorickshaw driven by the aforesaid Rajesh and brutally assaulted him. Tired of the constant badgering and left with no alternative, Rajesh took a bottle of petrol from his vehicle and after pouring it over his body set himself on fire. Though he was rushed to the Kozhikode Medical College, his life could not be saved. He was declared dead on 21.09.2019.