ALI ASKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicants in BA No.4860/2020 are accused 1 to 3 while the applicants in BA No.4939/2020 are accused 4 and 5 in Crime No.1101/2020 of Mathilakom Police Station, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 324, 308 r/w Section 149 of the IPC.

(2.) The prosecution case is thus; On 31.07.2020 at about 6 p.m, out of the previous enmity towards the de facto complainant and his friend one Badusha, the applicants as members of an unlawful assembly, in furtherance of a common object, committed riot armed with deadly weapons like knife, broken bottle, and wooden stick, and attacked the de facto complainant and his friend. A1 was wielding a knife which he brandished against the de facto complainant and his friend. As a result of which, the de facto complainant sustained injuries on the abdomen and his friend sustained injuries on his hand. The second accused attacked the aforesaid two persons with a broken soda bottle and also caused hurt with that, and A3 beat them with a stick, as a result of which they sustained corresponding injuries. Accused 4 and 5 did not wield any weapons. But they fisted and kicked the de facto complainant and his friend. It is submitted by the applicants that in the course of the same transaction, the de facto complainant and his friend had also attacked the applicants, and Crime No.1104/2020 was registered in the same police station for an offence punishable under Section 324 IPC and accused 1 to 3 sustained hurt.

(3.) Heard the learned counsel for the applicants and the learned Public Prosecutor.