DASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short, BNSS), by the first accused in Crime No.338/2024 of the Upputhara Police Station, Idukki, which is registered against the accused for allegedly committing the offences punishable under Ss. 294(b), 341, 323, 324, 307, 506(ii) r/w Sec. 34 of the Indian Penal Code (IPC). The petitioner was arrested and remanded to judicial custody on 11/6/2024.

(2.) The essence of the prosecution case is that; on 1/6/2024, the accused, in furtherance of their common intention, and out of the previous animosity towards the de facto complainant, the first accused along with two others, had abused the de facto complainant in obscene language and then pelted a stone on his left leg. Then, the second accused exhorted the first accused to murder the de facto complainant. At that time, the first accused inflicted a cut injury on the de facto complainant with a knife. It is only because the de facto complainant had warded off the attack, he did not lose his life. However, he suffered grievous injury on his left hand vein. Then, the third accused wrongfully restrained the de facto complainant and the second accused emasculated the testicles of the de facto complainant. Thus, the accused have committed the above offences.

(3.) Heard; Sri.B.Surjith, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik., the learned Senior Public Prosecutor.