VYASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the 3rd application filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.843/2023 of the Valappad Police Station, Thrissur, registered against him, for allegedly committing the offences punishable under Ss. 341, 323, 326, 324 and 302 of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested on 12/9/2023.

(2.) The gist of the prosecution case is that: on 5/9/2023, at around 18.43 hours, the accused had wrongfully restrained the defacto complainant (Sivanandan-deceased) and fisted him on his face and inflicted a blow on his nose, head and different parts of his body with an umbrella. The defacto complainant sustained serious injuries including internal bleeding and was taken to the hospital. However, he succumbed to the injuries on 11/9/2023. Thus, the accused has committed the above offences.

(3.) Heard; Sri.P.K.Varghese, the learned counsel appearing for the petitioner and Sri.C.K.Suresh, the learned Special Public Prosecutor.