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2021 Supreme(Ker) 508

ZIYAD RAHMAN A.A., K.VINOD CHANDRAN
Shaji @ Babu @ Japan Shaji – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P.K. Varghese.
For the Respondent: Sri. S.U. Nazar.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. Apathy on all fronts conspires to derail the investigation and prosecution when the victim is unattached, unconnected and unaligned. An indigent spinster was smothered to death, tied in a sack and thrown into the backwaters. An equally unattached, unconnected and unaligned person was booked for the crime and thrown behind bars as a result of an indifferent investigation and inefficient prosecution. No ripples caused, no publicity, no public trial, no twilight vigil and no protest at all. A poor soul is choked to death and another sent to prison to assuage whatever feelings of whomsoever.

2. The case set up by the prosecution is entirely based on circumstantial evidence. A corpse was found floating in the backwaters, which was identified and investigation commenced. The prosecution case was that the deceased lady was living with the accused in a rented room in one OK Hall Complex and that on 13.11.2014, at around 7.45 p.m. they had a quarrel concerning the proceeds of the sale of lotteries, which business they were engaged in together. The deceased is said to have slapped the accused on the face and in a rage he smothered her. The corpse was then bun

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