BINOY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.802/2023 of the Marayamuttom Police Station, Thiruvananthapuram, registered against the accused ( two in number) for allegedly committing the offences under Ss. 341, 324, 326, 307 r/w Sec. 34 of the Indian Penal Code. The petitioner was arrested on 1/11/2023.

(2.) The gist of the prosecution case, is that; On 29/9/2023 at about 9 p.m, the accused in furtherance of their common intention had wrongfully restrained the informant to commit his murder and the second accused kicked the informant from his bike and he hit his head on the foot path and the first accused cut on his neck with a knife by proclaiming that he would kill him. When the informant prevented the cut with his left hand, he lost his middle finger on his left hand. The first accused again attempted to cut on the neck of the informant, which he prevented with his left hand and he sustained a deep injury and a fracture on his left thumb. Thereafter, the first accused continuously cut on the left leg of the informant who sustained deep injuries below his left elbow and ankle, and a vein got cut and he suffered a fracture on his left leg. Thus, the accused have committed the above offences.

(3.) Heard Sri. Sasthamangalam S.Ajithkumar, learned counsel appearing for the petitioner and Smt. Neema T.V. the learned Senior Public Prosecutor appearing for the respondents.