KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of Cr.P.C.

(2.) The applicant is the 2nd accused in Crime No.2068/2020 of Chavara Police Station for having allegedly committed the offences punishable under Sections 342, 323, 324 and 307 read with Section 34 of the I.P.C.

(3.) The prosecution case, in brief, is that on 02.07.2020 at Edappallicotta at about 9.30 PM, the applicant and the 1st accused quarrelled with the defacto complainant and he was taken into the room occupied by the 1st accused in a lodge and after locking the defacto complainant inside the room, he was severely beaten up by the 1st accused with an iron rod; while the applicant fisted and kicked him with the common intention to commit murder. The defacto complainant sustained fatal injuries and he was taken to Vandanam Medical College Hospital. Initially a case for attempt of murder was registered, but subsequent to the death of the defacto complainant on 05.07.2020, the offence was altered from Section 307 of I.P.C. to Section 302 of I.P.C.