VYSHAK C. V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure.

(2.) The petitioner is accused No.3 in Crime No.1180/2022 of Kodungalloor Police Station. The offences alleged against the petitioner are punishable under Ss. 143, 147, 148, 341, 323, 324, 326, 294(b) and 308 r/w Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that on 23/10/2022 at 18.50 hours, the petitioner and other accused formed themselves into an unlawful assembly armed with deadly weapons, and voluntarily caused hurt to the de facto complainant. The petitioner 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.