YESHODHARAN Vs. STATE OF KERALA
LAWS(KER)-2003-10-71
HIGH COURT OF KERALA
Decided on October 28,2003

YESHODHARAN Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) This is a petition filed under S.482 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 46/CR/97 of the C.B.C.I.D., Crime Branch, Kollam, registered under Ss.366, 379 and 302 of the Indian Penal Code. It is averred that the 4th respondent after conducting the investigation filed a final report before the Judicial Magistrate of First Class, Harippad, who, in turn committed the case to the court of sessions, Mavelikkara and the same is pending before the additional Sessions Court - II as S.C. No. 100 of 1996. The prayer in this Crl. M.C. is to quash that sessions case.
(2.) A case was registered on 27th June 1995 at 1.00 p.m. as Crime No. 103 of 1995 under the caption "man missing" on a statement given by one Chellappan Pillai that his daughter Geetha Kumari, aged 27 years was missing from his house since 25th June 1995. The local police conducted investigation and came to the conclusion that Geetha Kumari was abducted by her husband alongwith the petitioners, Biju, Madhusudhanan Pillai and one Muralidharan from the premises of Mannarassala Temple, Harippad. On 1st July 1995, the dead body of Geetha Kumari was found floating in Kayamkulam Lake. The investigation of the case was taken over by the third respondent. According to the local police, Geetha Kumari was abducted by accused 1 to 5 and committed rape on her person, she became unconscious and so they took her to Kayamkulam Lake and killed her by forcibly dipping her body under water till she died. It was also alleged that they committed theft of gold ornaments worn by the deceased and destroyed the underskirt worn by the accused so as to disappear material evidence. All the five accused were absconding and when the investigation was in progress, the same was taken over by the Deputy Superintendent of Police, Narcotic Cell as per orders of the Superintendent of Police, Alleppey. The remaining part of the investigation was conducted by the Deputy Superintendent of Police, who filed a final report to the effect that all the five accused committed the offence. The Judicial Magistrate of First Class, Harippad, took cognisance of the offence and numbered it as C.P. No. 9 of 1996. Subsequently the case was committed to Court of Sessions, Mavelikkara and renumbered as SC 100 of 1996.
(3.) Subsequently a petition was filed before the Superintendent of Police, Alleppey alleging that innocent persons were falsely implicated in Crime No. 103 of 1995 of Thrikkunnapuzha Police Station. It was prayed that a fresh investigation by another investigating agency may be conducted. The Superintendent of Police forwarded the petition along with his report to the second respondent, who passed an order transferring the case to C.B.C.I.D., Crime Branch, Kollam and to continue the investigation after getting permission from the court. The Circle Inspector of Police filed a petition under S.178(3) of the Code of Criminal Procedure, before the Sessions Court, seeking permission to conduct a reinvestigation for collecting further evidence. The same was allowed. The C.B.C.I.D., Crime Branch, Kollam took over the investigation on 18th February, 1997 and registered a case as Crime No.46/CR/97 of C.B.C.I.D., Kollam under Ss.366,379 and 302 of Indian Penal Code and conducted the investigation upto 1st May 1997. The fourth respondent took over the investigation and conducted the same with the help of a team of Crime Branch Officials and the 4th respondent came to a conclusion that the earlier investigation conducted by the local police is not correct. The fourth respondent deleted accused 1, 3, 4 and 5 and made the petitioner the sole accused. After completing the investigation, the fifth respondent filed a final report on 19th April 1997 under S.173(8) of the Code of Criminal Procedure under Ss.366, 379 and 302 of the Indian Penal Code. The learned Magistrate took cognisance of the offence and committed the case to the Court of Sessions, Mavelikkara, and the same is pending as S.C. No. 100 of 1996.;


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