RAJEESH R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.1603/2023 of Cherthala Police Station, registered for offences punishable under Ss. 294(b), 326 and 308 r/w 34 of the Indian Penal Code, the accused Nos.1 and 2 have filed this application under Sec. 438 of the Code of Criminal Procedure.

(2.) The prosecution case is that due to a previous animosity towards the friend of the defacto complainant named Sudheesh, accused Nos.1 and 2, on 15/10/2023 at 6.15 p.m, on the side of Cherthala-Aroorkutty MLA road near to Pulichuvadu Toddy shop junction, the first accused wrongfully restrained the said Sudheesh and the second accused beat on the backside of his head using a stick. Due to the blow, when Sudheesh fell down to the road, the second accused beat on his neck and the first accused stamped on his chest. The accused also abused him in filthy language. On hearing the hue and cry, when the mother and wife of said Sudheesh rushed to the spot, the accused abused them also in filthy language. Moreover, when the mother of Sudheesh attempted to grab the stick held by the accused, the accused caught hold of her hand and twisted it. Thereafter, the brother of the defacto complainant and the brother of Sudheesh and their friends questioned the accused about the incident. Due to the said animosity, the accused, in furtherance of their common intention, trespassed into the sit-out of the house of the defacto complainant on the same day at 6.45 p.m. and hacked aiming at his head, who was sitting in a diwan cot in the sit out of the said house. When the defacto complainant blocked the said hack by using his left hand, the hack with the sword fell on his left ring finger, causing injuries including fracture. On seeing the same, when the mother and other inmates in the house of the defacto complainant intervened, the first accused assaulted them also. Hence, the accused are alleged to have committed the aforementioned offences.

(3.) The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.