HANEEFA P.A Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure.

(2.) The petitioner is accused No.1 in Crime No.246/2022 of Vidyanagar Police Station, Kasaragod District. The offences alleged against the petitioner are punishable under Ss. 143, 147, 148, 323, 324, 326, 308, 506 read with Sec. 149 of the IPC.

(3.) The prosecution case is that the petitioner and the other accused in this case on 12/2/2022 at 18:00 hours formed themselves into an unlawful assembly armed with deadly weapons, and committed criminal intimidation against the de facto complainant and voluntarily caused grievous hurt to him. The petitioner and the other accused committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the de facto complainant, they would be guilty of culpable homicide not amounting to murder.