ATHUL BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 2nd accused in Crime No.170/2024 of the Karunagappally Police Station, Kollam, registered against the accused (five in number, out of whom one is a minor) for allegedly committing the offences punishable under Secs.143, 147, 148, 341, 294(b), 323, 324 and 302 r/w Sec.149 of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested on 28/1/2024.

(2.) The essence of the prosecution case is that: on 28/1/2024, at around 00.15 hours, the accused, in prosecution of their common intention and out of their previous animosity towards one Akhil (deceased), formed themselves an unlawful assembly and the 1st accused indiscriminately stabbed the deceased with a knife and caused fatal injuries to him. The deceased lost his life on 30/1/2024 at the Kollam Medicity Hospital. The other accused aided the 1st accused to commit the above offences. Thus, the accused have committed the above offences.

(3.) Heard; Sri.C.R.Jayakumar, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.