Kerala HC Directs CBI To 'Further Investigate' Periya Twin Murder Case; Partly Allows State's Appeal By Reviving Final Report Filed By SIT [Read Judgment]

The Division Bench of Kerala High Court has upheld the Single Bench order directing CBI Investigation in Periya twin murder case.

The bench comprising of Chief Justice S. Manikumar and Justice CT Ravikumar, partly allowed the state's appeal by setting aside the Single Bench order to the extent it quashed the charge sheet filed by the Special Investigation Team, which had investigated the crime initially. The bench, therefore directed the CBI to conduct 'further investigation' based on the re-registration of the case and file supplementary report in terms of the provisions under Section 173(8), Cr.P.C.

Kripesh and Sarath Lal, Congress Party workers, were hacked to death, on 17th February 2019 at about 7.45 p.m. using swords and iron pipes. Writ petitions were filed alleging that the deceased Kripesh and Sarath Lal @ Joshy were Youth Congress workers and the accused persons who got allegiance to the political party-CPI(M) committed their murder due to political vendetta. The single bench of Justice B Sudheendra Kumar ordered the CBI probe allowing the petition filed by the parents of the slain youth. Observing the investigation completed by the Crime Branch of the state police was a "sham", the Court had also set aside the final report filed in May 20 arraying 10 CPM workers as the accused. Read here.

While interfering with the single bench order to the extent it had set aside the final report, the bench observed:

"On our careful perusal of the case diary and upon considering the rival contentions we are of the considered view that it cannot be said that no offence whatsoever was made out prima facie, in the charge sheet and hence, at the stage when the police report under Section 173, Cr.P.C. was forwarded to the Court after completion of the investigation exercise of extra ordinary jurisdiction under Article 226 of the Constitution to set aside the said charge sheet was not warranted at all."

The bench added that its finding that the final report was not to be set aside cannot be taken as an affirmation that the investigation was flawless and it was fair to the core. 

To uphold the CBI investigation part of the order, the bench said that the fact that the investigation conducted does not instill full confidence and the slackness and incompleteness in investigation or lack of serious investigation had occurred in respect of some vital aspects, at least some of which may result in miscarriage of justice. It observed:

Taking note of the serious slackness and incompleteness that occurred in the matter of investigation which if investigated seriously, some times would have turned this case now rests on circumstantial evidence, to a case of a direct evidence tends us to think that to instill confidence and also to do justice to the parties it is only W.A.No.2216 of 2019 105 proper in the said circumstances to transfer the investigation to CBI. That has already been ordered by the writ Court. Hence, it is upheld.

The bench also set aside the finding of the single bench which held that circumstances indicate that the contention of the petitioners that the twin murder in this case was planned and executed not by the first accused but by the CPM Party, is probable.The bench finally directed: 

Though we brought back life to the said report and held that cognizance has to be taken thereon we are of the view that, in view of the nature of the case, the court must wait till the receipt of the 'supplementary report' of the CBI to be submitted after 'further investigation'. Upon receipt of the supplementary report the trial court has to consider both the reports, idest, the report filed by the SIT of Crime Branch, Kasaragod under Section 173(2), Cr.P.C. and the 'supplementary report' of the CBI filed under Section 173(8), Cr.P.C. and shall proceed with the case further in accordance with law.

Case details
Case name: State of Kerala vs. Krishnan
Case no.: WA.No.2216 OF 2019 
Coram: Chief Justice S. Manikumar and Justice CT Ravikumar
Counsel: Sr. Advocate Maninder Singh appeared for the State of Kerala, Advocate T. Asafali for the respondents

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