SEKHAR S/O SABHANAYAKAM Vs. STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OFFICER, E T SOUTH POLICE STATION

JUDGEMENT

(1.) These appeals relates to the challenge made against judgment dated 30/10/2014 in SC No.559/2013 of the Additional District and Sessions Judge-II, Ernakulam.

(2.) Crl.Appeal No.77/17 has been filed by the first accused, Crl.Appeal No.773/15 by the third accused and Crl.Appeal No.882/15 by the 5th accused. State has also preferred Crl.Appeal No.1117/2015 challenging the acquittal of accused 2 and 4.

(3.) Sri.Bose, who was a Security Guard in the house of PW19 was found dead by PW1, his grandson during morning hours on 30/10/2012. Bose was working as a Security Guard in building bearing No.VIII/341, Sankar Nagar Housing Colony near Maradu, Ernakulam. His normal working hours starts at 5.00 p.m and he remains on duty till 6 a.m the next day. He was employed by PW11 Reghu, who is the owner of KVR Securities. According to PW1, Bose used to come back home in the morning and since he did not come home in the morning on 30/10/2012, as requested by his grandmother, PW1 and his grandmother came to the said house in his motor cycle, where his grandfather was the security guard. The gate was closed and there was no response from the mobile phone of Bose. The gate was under lock and key. He jumped the gate. He noticed that the northern door of the house was broken open. He did not see Bose inside the house. When he came out, he saw Bose lying on a cot on the northern side verandah. The legs and hands of Bose were tied together with plastic rope. PW1 noticed that Bose was dead. He therefore proceeded to Panangad Police Station and gave Ext.P1 FIS. Same was recorded by PW10, the Sub Inspector of Police and Ext.P7 FIR was registered.