SHINU J.PILLAI Vs. TAHA MUSTHAFA

JUDGEMENT

(1.) PETITION filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) PETITIONER is the 9th accused in C.P.No.121 of 2013 pending on the file of Judicial First Class Magistrate Court -I, Haripad. He is involved in Crime No.73 of 2011 of Thrikkunnapuzha Police Station registered under Sections 143, 147, 148, 149, 323, 324, 307 and 120B of the Indian Penal Code. Annexure -B is the final report. The allegations in the final report, stated shortly, are as follows: The accused persons were enmical towards CWs 1 to 3, 6 and 7. On 08.03.2011 at about 12 'O' clock in the night, while CWs 1 to 3 were proceeding on a motor cycle, accused 1 to 8, 10 and 11 formed themselves into an unlawful assembly, restrained the said witnesses and attacked them with knife, iron rod, etc. and thereby they have committed the above said offences. Allegation against the petitioner is that he was contacting the 1st accused through phone and he is an active conspirator in the incident.