PUBLIC PROSECUTOR Vs. MOIDU HAJI

JUDGEMENT

(1.) Dead body of one Nambodankandy Hameed, aged 26 years S/o. Kunhammad, was seen lying on the road near the shop of Tharavattathu Kumaran in the morning of 26-3-1985. Kumaran reported the matter to the Sub Inspector of Police, Kuttiadi Police Station. The Sub Inspector registered crime 33/85 of his police station. Names of the assailants were not known to the police. The investigation initiated by the Sub Inspector of Police, Kuttiadi was taken over by the Crime Branch, C.B.C.I.D., Kozhikode. Later the investigation was taken over by the Special Squad under the direct supervision of the Inspector General of Police (Crimes) and Deputy Inspector General of Police (Crime Investigation) with effect from 1-12-1988.

(2.) As per the investigating agency the deceased was returning home on the date of occurrence after seeing a film on a bicycle. Accused way laid him. One of them inflicted a cut on the neck of the deceased. The deceased managed to escape from the clutches of the assailants and ran off. He tried to take shelter in a two Storeyed building which was situated hardly 130 metres away from the place of occurrence. The assailants who were chasing him, pulled him down from the stare case and gave one more cut on the same portion of the body where the first injury was inflicted. Hameed succumbed to the injury then and there. The assailants, it is alleged, had gone to the place of occurrence for the commission of the offence in a jeep belonging to one of the accused.

(3.) On 15-1-1989 Chekkan alias Chekkutty, first accused in the case, was arrested. He was produced before the Judicial First Class Magistrate's Court, Nadapuram, on 16-1-1989. The learned Magistrate remanded him to judicial custody. While under judicial custody he gave a confession statement to the Magistrate from which it was revealed that the respondents herein who are accused 2 and 4 and two other persons were involved in the commission of the offence.