RAJESH R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973("Code', for the sake of brevity), by the fourth accused in Crime No.1710/2023 of Poojappura Police Station, Thiruvananthapuram, registered against all the accused alleging them to have committed the offences punishable under Sec. 294(b), 341, 323, 324, 302, 506(ii) and 34 of the Indian Penal Code, 1860(in short, 'IPC').

(2.) The prosecution case, in brief, is that: on 7/11/2023, at around 23.30 hours, the de facto complainant's brother named, 'Pradeep"(deceased) shouted at the second accused at the parking area of Poojappura 'Sabari Bar'. Out of the said animosity, the accused Nos.1 to 6 formed an unlawful assembly in ten minutes and when the de facto complainant and deceased were returning to the Hill View Hotel, where they were residing, the accused Nos.1 to 6 followed them and restricted their path and the accused stabbed the de facto complainant and the deceased. The fourth accused along with other accused had brutally beaten and fisted the deceased on his neck, head, face and kicked his abdomen and, then, the first accused murdered the deceased. Thus, the accused have committed the above offences.

(3.) Heard; Sri. S. Nikhil Sankar, the learned counsel appearing for the petitioner and Smt. Nima T.V., the learned Public Prosecutor appearing for the respondent.