IMPORTANT POINTS
The charge-sheet filed on the strength of the said investigation cannot lead to a fair trial. All the accused persons were leaders of CPM, which is the ruling party in Kerala. Therefore, the credibility and confidence of the petitioners in the investigation had been lost, particularly when the deceased persons were the leaders of congress party. There is also no allegation that the petitioners have any design behind the prayer for transfer of investigation to the CBI. Having gone through the relevant inputs, I am satisfied that the petitioners do not have any design behind the prayer for transfer of investigation to the CBI. Considering the facts and circumstances of the case, this court has strong reservations about the impartiality and fairness in the investigation by the State Police because of the political fallout.

JUDGMENT :

The above writ petition was filed by the parents of two Youth Congress leaders, namely, Kripesh, aged 21 years and Sarath Lal, aged 24 years, who were brutally murdered on 17.02.2019 at about 7.45 p.m. by the accused persons, who are CPM workers, at a place called Kallyottu in Periya Villege, Kasargod.

2. In connection with the incident, Crime No.81/2019 was registered in Bakel Police Station for the offence punishable under Section 302 IPC, on the very same day on the basis of the first information statement given by Sreekumar (CW1). Thereafter, the investigation was handed over to the Deputy Superintendent of Police, Crime Branch on 18.02.2019 as per the order of the District Police Chief, Kasaragod, where it was reregistered as Crime No.75/CB/KNR &KSD/2019 of Crime Branch, Kasargod. The offences alleged are punishable under Sections 143, 147, 148, 341, 326, 201, 212, 120B, 118 and 302 r/w Section 149 IPC.

3. The prosecution allegation is that in furtherance of the criminal conspiracy by A1 to A9 and A11, A1 to A8 committed the murder of deceased Kripesh and Sarath Lal on 17.02.2019 at about 7.45 p.m. by attacking with iron pipes and swords.

4. The autopsy on the bodies of the accused was conducted at the Medical College, Periya on 18.02.2019. A1 was arrested on 19.02.2019 on his surrender before the Investigating Officer. A2 was arrested on 20.02.2019 on his surrender before the Investigating Officer. A3 to A7 were arrested on 21.02.2019 on their surrender before the Investigating Officer. Thereafter, on the basis of the disclosure statement given by A1, four G.I. pipes and one sword were recovered from a well on 20.02.2019. On the basis of the disclosure statement given by A4, one sword was recovered and on the basis of the disclosure statement given by A7, another sword was recovered on 22.02.2019.

5. A Special Investigation Team headed by the Deputy Superintendent of Police had conducted the investigation. After completing the investigation, the final report was filed before the court on 20.05.2019.

6. In the above Writ Petition, the prayer is to issue a writ of Mandamus directing the 4th respondent to conduct the investigation of the above said case on various grounds.

7. Heard.

8. The learned Standing Counsel for the CBI has submitted that the CBI is prepared to investigate the case, if a direction in this regard is issued by this Court.

9. It has been argued by the learned counsel for the petitioners that even though there was allegation that four GI pipes and three swords were used by the accused persons to inflict injuries on the deceased, the statement of CW198 Dr. Gopalakrishna Pillai, the Forensic Surgeon, who conducted the autopsy on the body of the deceased persons, is that none of the injuries on the deceased persons could be caused with the GI pipes and hence the only inference possible is that the prosecution suppressed the genesis of the prosecution case. On the other hand, the learned Director General of Prosecution has argued that the prosecution does not have a contention that any injury was inflicted on the injured with the GI pipes and hence the argument of the learned counsel for the petitioners cannot be accepted.

10. The prosecution allegation in brief as revealed from the charge-sheet is that on 14-2-2019 in between 3.40 p.m. and 5.40 p.m., A1 to A9 and A11 committed criminal conspiracy at the bus waiting shed in a place called “Echiledukkam” in Peria Village and pursuant to the said criminal conspiracy, A1 to A8 on 17-2-2019 reached the arecanut plantation on the side of Kalliyothvara-Thannithodu Public Road, near to the KSEB Sub Station, Peria, and waited there for the deceased and when the deceased persons reached there in a motor cycle driven by the deceased Kripesh with the deceased Sarath Lal as pillion rider in between 7.36 p.m. and 7.45 p.m. on 17-2-2019, A1 (Peethambaran) beat with an iron pipe and restrained the deceased persons and thereafter, A3 (Suresh), A4 (Anilkumar) and A7 (Aswin)