LAWS(KER)-2013-6-338

SALIM; SHAJAHAN Vs. STATE OF KERALA

Decided On June 20, 2013
SALIM; SHAJAHAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These are the petitions under Section 438 of the Code of Criminal Procedure. Petitioners are accused in Crime No.342 of 2011 of the Panamaram Police Station, Wayanad, presently pending investigation for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code.

(2.) Initially the case was registered as a mere case of accident for the offences under Sections 279 and 338 of the Indian Penal Code on the First Information Statement furnished by the petitioner in B.A.No.1010 of 2013, presently arraigned as A4 in the crime.

(3.) On the basis of such a First Information Statement furnished by A4 as aforesaid, the case was registered against the first accused herein namely, Shamsudheen only. The injured was in coma right from the time of incident in this case for a period of almost ten months and now he has come out of coma. When he could speak, he spoke regarding the involvement of the petitioners in the incident.