SHABEER P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure by the second accused in Crime No.737/2023 of the Kannur Town Police Station, Kannur, registered against the accused (three in number) for allegedly committing the offences punishable under Ss. 398, 302 and 201 r/w Sec. 34 of the Indian Penal Code.

(2.) The gist of the prosecution case is that: around 2.10 hours, on 5/6/2023, the accused in prosecution of the common intention to commit theft, wrongfully restrained a person named Jinto, who was the driver of the lorry bearing No. KL 58 S 0031, and when he attempted to prevent them from committing the act, the first accused stabbed him with a knife on his leg and caused grievous injury to him, which resulted in his death. The accused 2 and 3 assisted the first accused to commit the above offences. Thus, the accused have committed the above offences.

(3.) Heard; Smt. M.A.Jinsa Mol, learned counsel appearing for the petitioner and Sri.Grashious Kuriakose, the learned Additional General of Prosecution appearing for the respondent.