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Showing contexts for: section 118 penal code in State Of Kerala vs Krishnan on 25 August, 2020Matching Fragments
2. A succinct narration of facts is inevitable for an appropriate disposal of this appeal. The writ petitioners/respondents 1 to 4 in this appeal are the parents of the two victims, namely, one Kripesh aged 21 years and one Sarath Lal @ Joshy, aged 24 years who were done to death on 17.2.2019 at about 7.45 p.m. at Kannadippara on the Kallyottu-Thannithodu road in Periya Village of Kasaragod District. Respondents 1 and 2 are the parents of deceased Kripesh and respondents 3 and 4 are the parents of deceased Sarath Lal @ Joshy. The First Information Statement was lodged by one Sreekumar (CW1) and on its basis FIR No.81/2019 was registered at Bekal Police Station under Section 302 of the Indian Penal Code (IPC) on the same day, in connection with the incident. On 18.2.2019, the District Police Chief, Kasaragod constituted a Special Investigation Team (SIT) for investigation of the said crime with Sri.Pradeepkumar.M., Deputy Superintendent of Police, C-Branch (District Crime Branch) as the Investigating Officer and the team consisted of two Deputy Superintendents of Police, three Inspectors and Cyber Cell Experts. On 21.2.2019 the case was transferred to Crime Branch and it was re- registered as Crime No.75/CB/KNR&KSD/2019 of Crime Branch, Kasargod. Sri.Pradeep.P.M., Dy.S.P., Crime Branch, Malappuram was appointed the Investigating Officer under the direct supervision of Sri.V.M.Mohammed Rafique, SP, CB, Ernakulam. Later, Sri.Sabu Mathew.K.M., SP, Crime Branch, Kottayam was made the Supervisory Officer in place of V.M.Mohammed Rafique and the SIT was reconstituted with 21 members. Sri.Pradeep.P.M. continues to be the Investigating Officer and this fact is evident from Exts.P24 and P25. The offences alleged in the case are punishable under Sections 143, 147, 148, 341, 326, 201, 212, 120B, 118 and 302 r/w Section 149, IPC.
Accused No. Date of arrest
A9 12.3.2019
A10 16.3.2019
A11}
A12} 29.4.2019
A13}
A14} 14.5.2019
On completion of the investigation the investigating officer, SIT submitted Ext.P24 report under section 173(2) of Cr.P.C. before the committal Court viz., the Judicial First Class Magistrate Court-II, Hosdurg. Ext.P24 would reveal that accused Nos.1 to 8 were charged with offences punishable under Sections 143, 147, 148, 341, 326, 201, 120-B and 302 r/w Section 149, IPC, accused No.9 was charged with offences punishable under Sections 120B, 212 and 201, IPC and accused No.10 was charged with offences punishable under Sections 143, 147, 148, 341, 326 and 202 r/w Section 149 and 118, IPC. Accused No.11 was charged with offences under Sections 120B and 118, IPC and accused Nos.12 to 14 were charged with offences under Sections 201 and 212, IPC.
6. In paragraph 7 of the aforesaid statement it is stated that a sword used by one Anilkumar (A4) for commission of the crime, was seized on 22.2.2019 from a cashewnut plantation where it was stashed. Based on the confession by accused No.5 Gijin that he and Subeesh (A8) burned the clothes of all the members except his clothes, at a place near Velutholi, the place was identified and the remnants of burnt clothes were recovered. It is also stated therein that a blood stained shirt, which was identified by the said Gijin as that of one Suresh (A3), was also recovered. Based on the confession of the 7 th accused viz., Aswin the sword which he kept in a rubber plantation near to an abandoned building at Plakathotty was also recovered. It is further stated in the said paragraph that the accused along with the weapons were produced before the Court and on getting accused Nos.1 and 2 in Police custody their blood, nail clippings and hairs were collected. It is also stated that all the aforementioned items were sent for FSL examination. Paragraph 8 of the said statement dealt with transfer and re-registration of the crime to Crime Branch under the direct supervision of one Sri.V.M.Mohammed Rafique besides the subsequent re-constitution of SIT consisting of 21 members including three Circle Inspectors and a Cyber Expert. In paragraph 9 of the said statement it is stated that the vehicles used by the accused before and after the crime including Swift Dezire, Eon Car, 2 Jeeps, Innova Car, Tavera in addition to a Xylo Car and four motorcycles belonging to A1, A3 and A10 and another bike used by the deceased, were seized and that those seized vehicles were got examined by finger print experts, photographer and scientific officer for obtaining evidence. It is also stated that fingerprints were received from the vehicles. Bloodstains from Swift Dezire Car owned by the 5 th accused as well as the Xylo Car owned by the 2nd accused were collected after preparing mahazars. Further it is stated therein that blood, hair and nail clippings of accused Nos. 3 to 7 were collected and they along with the material objects seized were produced before the Court. It is stated in paragraph 10 therein that Call Data Records (CDRs) of accused and suspected persons were collected and Material Objects including weapons seized were sent to RFSL, Kannur for scientific examination. It is also stated therein that Sections 120B, 212, 118 and 201, IPC were then added and the inclusion report in that regard was sent to the Court on 2.3.2019 and that weapons seized were shown to the forensic surgeon, Dr.Gopalakrishna Pillai (CW198) who conducted the autopsy on the bodies of the deceased, from the Court after obtaining permission of the Court. It is stated therein that altogether 150 witnesses were questioned and their statements were recorded. Paragraphs 11 to 14 therein contain the prosecution version regarding conspiracy and the manner of accomplishment of the decision by the accused persons. Paragraphs 15 to 25 contain the narration of collection of clue materials by SIT, and they read thus:-