SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 28.01.2021 at about 5 p.m., the 1st accused had allegedly assaulted a person named Vishak. By about 11.30 p.m., the aforesaid Vishak who was assaulted by A1 and his relative, the deceased and another person named Raju trespassed into the house of the 1st accused after having made preparation to assault him and allegedly assaulted him and outraged the modest of his wife. Hearing hue and cry, 2nd applicant who is the 2nd accused herein and the neighbour of the 1st accused also came there and together in furtherance of common intention, the applicants attacked the three of them. In the process, the deceased was beaten up with an iron rod and stabbed with knife. He scummed to the injuries and thus committed the offence of murder.

(3.) The applicants state that the allegations are not true and that they are innocent and it was the deceased and his friends who had trespassed into the 1st accused's house and attempted to outraged the modesty of his wife and therefore there was a scuffle in which the deceased also sustained certain injuries. It was not a deliberate or premeditate act of murder.