A 24-year-old accused of murdering a man, to allegedly retrieve his skull for purposes of black magic, has moved the Bombay High Court seeking bail after a sessions court rejected his bail application on the grounds that “prima facie, there is a case against the accused”.
According to the complainant, near Thane district on June 3, 2013, he spotted a burnt car in which the body of a man was found charred to the extent that even the sex of the deceased was not identifiable. After lodging a complaint with the Palghar police, it was found that the body in the burnt Maruti car was that of a Palghar resident identified to be Narendra Tilwa.
According to a sessions court order, it was the case of the prosecution that Kakkad was in need of a human skull of a person whose funeral was not performed as per religious rites. “The prosecution alleges that the accused wanted the same as he believed that with the help of human skull he can get the darshan of deity Kalika, moreover it also helps to satisfy all his desires,” the order read.
The prosecution further alleged that, Kakkad, in his statement said that Tilwa had showed him a place where ‘Jadibuti’ or chemicals were made available through which one could make silver. “Kakkad, therefore with the intention to obtain formula for making silver from Tilwa and with further intention to ensure that the said formula remained with him, conspired with another accused Raju Vadkar killed Tilwa to also retain his skull.”
While rejecting the bail plea in February, the Palghar sessions court had observed that only because some books of Tantra-Vidya were allegedly recovered from Kakkad’s house, “it will not be just and proper to come to the conclusion that Kakkad committed the offence. But this, however, supports the prosecution’s case.”
Claiming false implication in the case, the defence lawyer argued that the entire case was based merely on circumstantial evidence. “Simply because the applicant (Kakkad) has an interest in witchcraft does not imply that he is involved in the alleged murder,” the bail plea submitted. The Bombay High Court will hear the matter on September 18.
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