BASIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases are the accused in Crime No.245/2022 of Kuttampuzha Police Station, Ernakulam District alleging commission of offences under Ss. 324, 341, 307, 394 read with Sec. 34 of the Indian Penal Code.

(2.) The allegation against the petitioners is that the petitioners attacked the de facto complainant, his brother and a friend of the de facto complainant and caused injuries to them by stabbing them with a knife and also that they took away the gold chain worth Rs.1,00,000.00 belonging to the de facto complainant.

(3.) The learned counsel for the petitioner submits that the petitioners are absolutely innocent in the matter and they have been falsely implicated. It is submitted that the de facto complainant executed a notorised affidavit which indicates that the allegation of theft of gold chain will no longer lie against the petitioners. It is submitted that the only issue between the petitioners and the de facto complainant is regarding the alleged attack on the de facto complainant, his brother and a friend of the de facto complainant. It is submitted that the petitioners have been in custody for 32 days.