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Showing contexts for: stepson in State Of Kerala vs Muhammed Ameer-Ul Islam on 20 May, 2024Matching Fragments
20. PW36 is a person who was running a plywood factory near Perumbavoor. PW36 deposed that the accused had worked in his factory for sometime and he was employed to cut the veneer roll used for manufacturing plywood and that & only a healthy person could do the said work. PW10 is the owner of the building in which the accused was residing till the date of the occurrence. The said fact has been admitted by the accused while being questioned under Section 313 of the Code. PW10 identified the accused and deposed that the accused was residing in his building with PW12 and a few others including PW33, the stepson of the accused. PW10 also deposed that on 28.04.2016, he saw the accused at about 10.30 a.m. and he was informed by the accused then that he did not go to work on that day. PW10 also deposed that at the relevant time, he saw the victim standing in front of her house. PW12 corroborated the evidence tendered by PW10 that the former was residing with the accused in the building of PW10. In addition, PW12 also deposed that there were about ten migrant workers in the second floor of the building of PW10 including the accused and that the accused resided there along with him and others till 28.04.2016. PW12 also deposed that when he returned to the room on that day, the accused was not there and the accused came a little later. PW12 deposed that on being asked by the accused to give his telephone number to the accused, while he was writing down his telephone number & on a slip to be given to the accused, he noticed an injury on the right index finger of the accused. PW12 further deposed that the accused left the place after sometime and he called PW12 at about 8.30 p.m. to ascertain whether anybody came to the room in search of him. PW12 also deposed that the accused made a similar call to him on the morning of the following day at about 7.30 a.m. to ascertain whether the police came in search of him. PW12 identified MO21 and MO21(a) as the chappals worn by the accused and MO23 as the knife usually kept by the accused in his bag. PW13 is another migrant labourer who was residing with the accused and PW12 in the building of PW10. PW13 also deposed that the accused did not go to work on 26th and 27th of April, 2016. PW13 also identified MO21 and MO21(a) as the chappals of the accused. PW33 also corroborated the evidence tendered by PW10 that he was residing in the same building in which the accused was residing. In addition, PW33 also deposed that the accused married his mother. PW33 also identified MO21 and MO21(a) as the chappals worn by the accused. PW79 is none other than the brother of the accused. PW79 deposed that on the date of occurrence, he arranged a sum of Rs.2,000/- for the accused & from PW14, another migrant worker, to enable the accused to go to Assam. PW14 corroborated the said part of the evidence tendered by PW79.
30. PW100 was the Deputy Superintendent of Police, Ernakulam Rural from 28.05.2016. He took over the investigation in the case on 28.05.2016. PW100 deposed that the accused was arrested on 16.06.2016 at Aluva Police Club. Ext.P227 is the custody memo prepared at the time of arrest. It was also deposed by PW100 that the articles seized from the accused at the time of his arrest includes MO32 SIM card of the mobile number 8893608594. It was further deposed by PW100 that it was only after the test identification parade to which the accused was subjected to, his custody was sought and obtained for investigation. It was further deposed by PW100 that on investigation, it was found that the wife of the accused, Kanchan had two mobile connections bearing numbers & 8609146986 and 8906026232 and PW33, the stepson of the accused was using 9946645863. It was further deposed by PW100 that during investigation, it was disclosed to him by the accused that he has two friends namely Anarul Islam and Hardath Baruwa and that he has kept a knife in their house; that on the basis of the said statement, the accused was taken to the house of the said friends as shown by the accused and a mahazar was prepared; that on further investigation, it was revealed that the persons named Anarul Islam and Hardath Baruwa never resided in the house shown by the accused. The relevant portion of the evidence tendered by PW100 reads thus:
Even though PW100 was subjected to thorough cross- examination, the evidence tendered by him as regards the mobile numbers used by the wife and stepson of the accused have not been challenged.
Call records
31. PW68 is the Nodal Officer of Reliance & Communication Ltd. PW68 has made available the call records of the mobile number 8893608594 used by the accused. Ext.P85 is the call records for the period from 01.11.2015. PW68 deposed that for the period from 01.11.2015 to the date of occurrence namely, 28.04.2016, there were extensive contacts from the said number to the mobile numbers of the wife of the accused namely 8609146986 and 8906026232, the stepson of the accused namely 9946645863, the brother of the accused namely 9633892260 and to the mobile number of PW12 namely 8086015819. PW68 also gave evidence as to the tower locations through which the said mobile number passed through from 28.04.2016, during the journey of the accused from Aluva to Siliguri in West Bengal. It was deposed by PW68 that on 02.05.2016, the location of the number was at Siliguri in West Bengal and thereafter, the said mobile number was not in use.
32. PW69 is the Nodal Officer of the mobile service provider namely Bharati Airtel Ltd. PW69 made available the call records of the mobile number 7397097067 used by the accused while he was in Kanchipuram. Ext.P88 is the call records of the said mobile number. PW69 deposed that there & were calls from this number to the mobile numbers of the wife of the accused namely 8609146986 and 8906026232 and the stepson of the accused namely 9946645863. Appreciation of oral evidence :