The court emphasized that a flawed investigation process and failure to adhere to legal procedures undermine the prosecution's case, leading to the absolution of accused due to a lack of credible evidence.

JUDGMENT :

Raja Vijayaraghavan. J.

Prelude :

Udayakumar, a 28-year-old man, was picked up by two police officers attached to the Fort Police Station, Thiruvananthapuram, on 27.09.2005 at around 2:15 a.m., while he was standing with his friend Suresh Kumar at Sreekandeshwaram Park, Thiruvananthapuram. He was taken to the Fort Police Station and thereafter to the nearby office of the Circle Inspector, where he was subjected to custodial interrogation involving the use of force and infliction of injuries. Later, on the same day, Udayakumar was declared dead at approximately 11:40 p.m. at the Medical College Hospital, Thiruvananthapuram. The post-mortem revealed severe crush injuries to both thighs, which were determined to be the cause of death. The prosecution case is that the death of Udayakumar was the result of custodial violence and torture inflicted under the shield of police uniform and authority, within the confines of a Police Station. The case also exposes the manner in which senior police officers colluded with their subordinates to suppress the truth and obstruct the course of justice. Following a prolonged investigation, initially by the CBCID and subsequently by the CBI, the trial was conducted before the learned Sessions Court. Accused Nos. 1 and 2 were found guilty of murder and were sentenced to death by hanging. The superior officers, arraigned as accused Nos. 4 to 6, were found guilty of conspiracy and of abusing their official position to fabricate records and cause the disappearance of evidence in an attempt to shield the perpetrators. They were accordingly convicted and sentenced to undergo lesser terms of imprisonment. Accused No. 2 passed away in the course of proceedings, and hence the proceedings against him were abated.

1.1. Crl. A. 1057 of 2018 has been preferred by the 1st accused, Crl.A. No. 940 of 2008 has been preferred by the 4th accused, Crl.A. No. 959 of 2018 has been preferred by the 5th accused and Crl. A. No. 965 of 2018 has been filed by the 6th accused assailing the finding of guilt, conviction and sentence passed by the SPE/CBI Court, Thiruvananthapuram.

1.2. The SPE/CBI Court, Thiruvananthapuram, has forwarded the entire case records to this Court for confirmation of the death sentence of the 1st accused as provided in Section 366 (1) of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.').

2. The prosecution case:

2.1. At around 2:15 p.m. on September 27, 2005, Udayakumar (the deceased) and Suresh Kumar (PW1), who were together at Sreekanteswaram Park, were apprehended by Police Constables Jitha Kumar (A1) and Sreekumar (A2), members of the Crime Squad of the Fort Police Station. They found currency notes in the possession of Udayakumar and dissatisfied with his explanation, the Police Officers took Udayakumar and PW1 to Fort Police Station in an autorickshaw and they were initially entrusted with Thankamani (PW5) the officer in charge of the General Diary (GD).

2.2. After arrival at the Police Station, A1 and A2 took Udayakumar to the Office of the CI and after counting his money made him lie on a wooden bench and started torturing him. They lashed the soles of his feet repeatedly with a bamboo cane. While they were going about with this horrendous task Soman (A3), another Police Constable, joined them. A3 forcibly held Udayakumar's head while A1 and A2 forcibly kneaded a GI pipe (MO10) on his thighs, crushing his thigh muscles. It is alleged that the torture lasted approximately 1.5 hours.

2.3. After the torture, a battered and injured Udayakumar was walked back by accused Nos. 1 and 2 to the Police Station and he was lodged in a cell. Thereafter, A1 and A2 took Suresh Kumar (PW1) to