IRFAN ALI Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. Perused the records.

(2.) The petitioners are arraigned as accused Nos.3 and 4 in Crime No.394/2019 for the offence punishable under Sections 341 , 120(B) , 302 read with 34 of the Indian Penal Code , 1860.

(3.) The charge sheet papers reveal that the petitioners (A3 and A4) were engaged in real estate business. The deceased-Shaik Khaleem was working as an auto mechanic and he was also doing real estate business. It appears, there was some rivalry between accused Nos.3,4. and the deceased. It is also alleged that prior to the incident, accused Nos.3 and 4 were warned by the deceased not to interfere with his real estate business and he has also assaulted the accused No.3. In that context, it is alleged that, on 17.09.2019, when the petitioners herein were speaking with the deceased, at about 11:00 p.m., near 16th Cross, Sagaypuram, accused Nos.1 and 2 came on a motor bike and suddenly, accused Nos.3 and 4 caught hold the deceased enabling accused Nos.1 and 2 to stab the deceased. Immediately, accused No.1 stabbed the deceased and left the spot with accused No.2 on the motor cycle. Thereafter, the deceased was shifted to Lady Curson Hospital, where he died due to the injuries sustained by him.