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2019 Supreme(Ker) 996

ALEXANDER THOMAS
Sr. Sephy, D/o Joseph – Appellant
Versus
Central Bureau Of Investigation Kochi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SOJAN MICHEAL, SRI.CHACKO SIMON
For the Respondent: SRI.SASTHAMANGALAM S.AJITHKUMAR, SRI.M.SHAJU PURUSHOTHAMAN(AMICUS CURIAE)

ORDER :

The sole petitioner in Crl.M.C.No.8617/2019 and the sole petitioner in Crl.M.C.No.8616/2019 have been initially arrayed as accused 1 and 3 among the three accused in the instant Sessions Case, S.C.No. 1114/2011 on the file of the Court of the Addl. Sessions Judge cum Special Judge (SPE/CBI), Thiruvananthapuram, (“Special Court” for short), in which the offences alleged therein are those punishable under Secs. 449, 302, 201 read with Sec. 34 of the I.P.C. The case arose out of a crime (Crime No.187/1992 of Kottayam West Police Station), which was later transferred to the respondent Central Bureau of Investigation (CBI) for further investigation and CBI reregistered said crime as Regular Case (RC No.8(S)/1993-SPE/KER. The respondent investigating agency (CBI) has filed the final report/charge sheet on 17.7.2009, which later led to the pendency of afore-captioned Sessions Case, S.C.No. 1114/2011 on the file of the abovesaid Special Sessions Court dealing with the CBI cases.

2. The brief of the prosecution case is that on 27.3.1992, one Sister Abhaya, a nun, who belongs to a monastic order of the Roman Catholic community, was found dead in the well of the St. Pious Xth Convent Ho

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