RENJITH 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.2, 3 and 4 in Crime No.145/2022 of Marayamuttom Police Station, Thiruvananthapuram District. The offences alleged against the petitioners are punishable under Ss. 143, 147, 148, 294(b), 341, 323, 324, 326 and 308 r/w Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that on 28/2/2022 at about 07.30 p.m, the petitioners and the other accused formed themselves into an unlawful assembly and voluntarily caused grievous hurt to the defacto complainant. 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 culpable homicide not amounting to murder.