AJITH KUMAR 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.40/2024 of the Malayinkeezh Police Station, Thiruvananthapuram, registered against the accused (3 in number) for allegedly committing the offences punishable under Sec.447, 294(b), 323, 324, 506(ii) and 308 r/w.S. 34 of Indian Penal Code. Subsequently, Sec. 326 was also incorporated. The petitioners were arrested on 26/1/2024.

(2.) The gist of the prosecution case is that: on 13/1/2024 at around 3.30 p.m, the accused in furtherance of their common intention had trespassed into the house of the defacto-complainant and attacked him and in the process had inflicted grievous injuries on him. The first accused uttered obscene words and second accused using an iron rod beat the defacto-complainant on his back and pushed him down causing fracture to his ribs. The second accused beat the defacto-complainant on both his legs and hit him using the iron rod on his forehead near his left eye, causing injuries to his eyes, which has caused a loss of vision. The accused 1 and 2 also beat and slapped the defacto-complainant all over his body. When his wife intervened, the third accused slapped her also. Thus, the accused have committed the above offences.

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