SUDHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in Crime No. 675/2023 of Ranni police station, registered alleging offences punishable under Ss. 302 r/w 34 of the Indian Penal Code has filed this application u/s 439 of the Code of Criminal Procedure seeking regular bail

(2.) The prosecution case is that the brother of the accused Aniyankunju @ Jobin. P.J., the deceased used to get drunk and come home and hurt the parents of the first accused. He was also questioning the regular visit of the second accused to the house of the first accused. On 23/7/2023, the deceased Jobin licked up a quarrel with the neighbour Rajesh after getting drunk. The first accused interfered in this, stopped it and asked Rajesh's wife to call the police. The deceased Jobin picked up a quarrel with the first accused for the same. On account of this animosity, on the same day at 10.30 p.m., in Venganthadathil House situated in Pazhavangadi Grama panchayath, in pursuance to their common intention to cause the death of the said jobin, the first accused and the second accused beat his cheek and chest. When Jobin tried to escape from the accused, A1 picked up a wooden plank from the wooden reclining chair kept in the house and beat hard on the back of the head of Jobin. Jobin caught hold of the shirt of the first accused and fell down. Meanwhile, A1 brutally hit Robin on his head, chest and body continuously with the sad wooden plank until it broke. It caused the death of Jobin and thereby the accused are alleged to have committed the offence of murder in pursuance of their common intention and thereby committed the above offence.

(3.) Learned counsel for the petitioner and the learned Public Prosecutor were heard.