SHEJEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 3 and 6 in Crime No.1119/2023 of the Valappad Police Station, Thrissur, registered against the accused (six in number), for allegedly committing the offences punishable under Ss. 341, 323, 324, 447, 294(b), 427 and 308 read with Sec. 34 of the Indian Penal Code. The petitioners were arrested on 30/11/2023 and 1/12/2023, respectively.

(2.) The essence of the prosecution case is that: around 8 p.m. on 29/11/2023, the 6th accused had trespassed into the shop of the defacto complainant and the 1st accused uttered obscene words and slapped him. The 2nd accused hit him on his head and the accused 5 and 6 kicked him. The accused 3 and 4 hit him on his back, leg and head with an iron rod and thereby caused injuries. The accused 3 and 4 destroyed the front glass of his vehicle and caused a loss of Rs.17,000.00. If the defacto complainant had not prevented the attack, it would have resulted in his death. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Liffy P.Francis, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Public Prosecutor.