SOORAJ 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 2 in Crime No.53/2022 of Mala Police Station, Trissur. The offences alleged against the petitioners are punishable under Ss. 394 and 308 r/w Sec. 34 of Indian Penal Code.

(3.) The prosecution case is that on 12/1/2022, at 5.55 a.m., on the public road near Mandikayattam bus stop at Kakkulissery, the petitioners, with an intention to commit robbery, followed the de facto complainant who was riding on a scooter and beat on the back side of her head with a wooden stick and inflicted injury. When the de facto complainant stopped the scooter, the petitioners voluntarily caused hurt to her and committed robbery. The petitioners 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 culplable homicide not amounting to murder.