MANU Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners are accused Nos.1 and 6 respectively in Crime No.943/2022 of Kattakkada Police Station. The offences alleged against the petitioners are punishable under Ss. 143, 144, 147, 148, 149, 294(b), 324, 307 read with Sec. 34 of the Indian Penal Code.

(3.) The prosecution case is that on 9/10/2022 at about 10.20 p.m, the petitioners and the other accused formed themselves into an unlawful assembly armed with dangerous weapons and voluntarily caused grievous hurt to the defacto complainant and his friends. The petitioners 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 defacto complainant, they would be guilty of murder.