ARUN V. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 2 in Crime No.119/2024 of the Malayinkeezh Police Station, Thiruvananthapuram, registered against the accused for allegedly committing the offences punishable under Ss. 323, 324, 341, 307 and 302 r/w Sec. 34 of the Indian Penal Code. The petitioners were arrested on 11/2/24.

(2.) The gravamen of the prosecution case is that; on 10/2/2024, at around 23.30 hours, the accused, in furtherance of their common intention, to murder the friend of the de facto complainant, named Sarath (deceased), the first accused broke a beer bottle and stabbed the deceased on his chest and murdered him. Then, the second accused fisted the de facto complainant and his other friend named Adarsh on his chest and also stamped him. Subsequently, the third accused caught hold of Adarsh and the first accused stabbed him also and he suffered serious injuries. Thereafter, the accused attacked the other two friends of the de facto complainant and they suffered injuries. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Sasthamangalam Ajith Kumar, learned Senior Counsel appearing for the petitioners and Sri.C.K.Suresh the learned Special Public Prosecutor.