SUHAIL Vs. THE STATE

JUDGEMENT

(1.) THE present petitioner is arrayed as accused No. 17 in C.C. No. 450/2015 on the file of J.M.F.C., Bijapur, which is pending for committal order, for the offences punishable under Sections 143,147, 148, 302, 323, 120(B), 109, 504, 506 r/w. Section 149 of Indian Penal Code and also for an offence punishable under Section 27 of the Indian Arms Act.

(2.) THE brief factual matrix that emanate from the records are that, -

(3.) PER contra, the learned Additional State Public Prosecutor appearing for respondent -State has drawn my attention to the statement of eyewitnesses which was recorded by the police on the same day and further statement of the complainant, wherein they all implicated this accused person specifically stating that he was also holding revolver in his hand and shot towards the deceased and was also threatening the people enabling the other accused persons to do away with the life of the deceased. Therefore, at this stage, when the police have invoked Section 149 of IPC, intention of the accused persons who are present at the time of the incident cannot be bifurcated. Hence, the petition is liable to be dismissed.