SARATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 6 and 7 in Crime No.116/2024 of the Thrithala Police Station, Palakkad, registered against the accused (seven in number), for allegedly committing the offences punishable under Secs. 143, 147, 148, 341, 323, 324, 294(b) and 308 read with Sec. 149 of the Indian Penal Code. The petitioners were arrested on 19/2/2024.

(2.) The essence of the prosecution case is that: at around 18.40 hours on 18/2/2024, the accused in prosecution of their common intention formed an unlawful assembly with deadly weapons and they wrongfully restrained the de facto complainant ( injured) and his friends and beat them with iron stick and also with hands. The first accused hit on the rear side of the de facto complainant's head with the iron stick. The second accused also hit the de facto complainant on the right side of his head. It is only because the de facto complainant warded off the attack, he did not lose his life. Thus, the accused have committed the above offences.

(3.) Heard; Sri.R.Sreehari, learned counsel appearing for the petitioners and Smt. Shynimol V.O., the learned Public Prosecutor.