SAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 by the accused 1 and 2 in Crime No.132/2024 of the Neyyattinkara Police Station, Thiruvananthapuram, registered against the accused (three in number) for allegedly committing the offences punishable under Ss. 323, 324, 294(b) and 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act. The petitioners were arrested on 23/1/2024.

(2.) The essence of the prosecution case is that: on 21/1/2024 at around 23.00 hours, the accused three in number, attacked the defacto complainant and his friend using dangerous weapons and attempted to murder them. The third accused uttered obscene words and pushed the defacto complainant. The second accused used a chopper and attempted to cut him on his neck. Since the defacto complainant evaded the attack, he sustained an injury on his elbow. The first accused used another chopper and cut on the defacto complainant's left hand and caused grievous injuries to him. When the defacto complainant's friend attempted to intervene, the first accused inflicted an injury on his hand also. Thus, the accused have committed the above offences.

(3.) Heard; Sri. R. Harikrishnan the learned counsel appearing for the petitioners and Smt. Neema T. V., the learned Public Prosecutor.