KRISHNA VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 438 of the Code of Criminal Procedure.

(2.) The petitioners herein are brothers and they are accused Nos. 2 and 3 in Crime No.80 of 2021 of the Chavara Police Station registered under Sections 294(b), 341, 323, 324, 326 r/w Section 34 of the IPC.

(3.) The prosecution allegation is that on 1.2.2021 at about 3.30 p.m., there occurred an altercation between the de facto complainant and the 1st accused. The de facto complainant questioned the 1st accused for raising his words. It is alleged that the 1st accused went back home, collected deadly weapons and returned with accused Nos.2 and 3. In furtherance of their common intention, the accused are alleged to have brutally attacked the de facto complainant and his brother. Specific overt acts are alleged against each of the accused and the medical records reveal that serious fractures were sustained on the limbs of the victims.