INDRAJITH P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita ( 'the BNSS' for short) 2023, by the accused 1, 3, 4 and 5 in Crime No. 636/2024 of the Hill Palace Police Station, Ernakulam, which is registered against nine accused persons for allegedly committing the offences punishable under Ss. 189(2), 191(2),296(b), 115(2) 118(2), 110 and 190 of the Bharatiya Nyaya Sanhita, 2023. The petitioners were arrested on 11/8/2024.

(2.) The gist of the prosecution case is that: on 10/8/2024, at around 1.30 hours, the accused 1 to 8, in furtherance of their common intention, had formed an unlawful assembly and decided to assault the de facto complainant because he had sent a whatsapp message to the girl friend of the first accused. Accordingly, the first accused verbally abused the de facto complainant and accused 1 to 8 fisted him on his body. Then, one identifiable person beat the de facto complainant on his face and back and he suffered a fracture on his upper and lower jaw and also five of his teeth got loosened. Thus, the accused have committed the above offences.

(3.) Heard; Sri.G.Hariharan, the learned counsel appearing for the petitioners, Smt.M.K Pushpalatha, the learned Senior Public Prosecutor and Sri.Tom Jose Padinjarekara, the learned counsel appearing for the de facto complainant/third respondent .