PW1, the elder brother of the deceased lodged the First Information Report in Police Station Ayyuampuzha without naming any person as accused.
Nabeesa PW6 who is the mother of the deceased has stated that on the date of occurrence both the accused were sitting near her house on some timber logs at about 2 p.m. but at 2.45 p.m. she saw only Accused No.1 washing his knife near the stream which is on the southern side of her house.
The appellant was also imposed a fine of Rs.10,000/ and in case of default, directed to under rigorous imprisonment for two years.
Admittedly there is numbereye witness in the case which the prosecution has sought to prove by leading circumstantial evidence.
The Trial Court summed up the circumstances as under 1 Jameela and the second accused who were residents of the Kalady Plantation Estate engaged themselves in love affair and had quarreled when the former disclosed that she was pregnant and she also disclosed about her pregnancy to her mother PW6 and other close relations like PW9 and 18.
He told him to companye after some time.
At the time of her death, the deceased was in advance stage of pregnancy.
Upon trial both the accused were found guilty of the offences punishable under Sections 120B and 302 besides Section 109 of the Indian Penal Code.
After recording his disclosure statement MO1, the weapon of offence was recovered from the bushes where he had allegedly hidden it.
The case of the prosecution is that Jameela, a young unmarried woman of 24 years of age had developed illicit relations with the appellant, with the result that she became pregnant.
Appellant was there for about half an hour.
She insisted that the appellant should marry her but her request was declined on the ground that the marriage was number possible because Jameela and the appellant belonged to different religions.
This Court on 14.7.1998 dismissed the SLP in so far as it related to Accused No.1, namely, Biju and granted leave only with respect to the appellant Saju.
The lungi and shirt MOs 12 and 13 respectively worn by him at the time of crime were seized as per Mahazar P16 .
What happened between 2.00 p.m. to 2.45 p.m. is number known to the witness.
On the date of occurrence she is stated to have gone to the hospital at about 11 a.m. for a check up and on her way back she visited her sister Amina PW9 at about 2.30 p.m. After she left the residence of her sister she was fatally stabbed by Accused No.1, Biju who had followed her from the bus stop where she had alighted from the bus.
To prove the charge of criminal companyspiracy the prosecution is required to establish that two or more persons had agreed to do or caused to be done, an illegal act or an act which is number illegal, by illegal means.
Both the witness and the appellant had companyversation on the steps of the house of the witness.
Then I saw he was talking with PW 8 George.
Accused No.2 was also arrested in companynection with the murder of Ms.Jameela after three days of the occurrence.
Aggrieved by the judgment of the Sessions Court, both the accused persons filed appeal before the High Court which was dismissed on 1.4.1997 vide the judgment impugned in this appeal.
In reply to a question as to whether he had seen anyone else going through the road while Accused No.2 was talking to PW4, the witness replied I have number numbericed.
That was about 2.45 in the afternoon.
Jose PW7 stated in the trial companyrt that on the date of occurrence at about 2.45 p.m., the appellant had called him.
Accused No.1, namely, Biju was arrested on 19.9.1991.
After inflicting the stab injuries the said accused left the place of occurrence.
The offence was alleged to have been companymitted by Accused No.1 in companyspiracy with Accused No.2 who wanted to get rid of the deceased.
This statement of PW8 belies the averments of other witnesses that the appellant companymitted the crime in companyspiracy with Accused No.1 at about 2.45 p.m. Amina PW9 , the sister of the deceeased stated that she had seen both the accused together sitting on the timber log near the road.
He went there and talked to the appellant, George PW8 and Mohanan PW10 .
LITTTTTTJ SETHI, J. Ms.Jameela a young muslim woman was found killed on 18.9.1991 by Baiju, allegedly hired killer at Vattolikadavu road after having received stab injuries.
She did number see appellant accompanying the accused No.1 thereafter.
