FAZIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2024, by the accused 15 and 16 in Crime No. 481/2024 of the Irinjalakuda Police Station, Thrissur, which is registered against 21 accused persons for allegedly committing the offences punishable under Ss. 143, 147, 148, 506(ii), 341, 323, 324, 307 and 302 r/w Sec. 149 of the Indian Penal Code. The petitioners were arrested on 4/4/2024.

(2.) The crux of the prosecution case is that, on 3/4/2024, at around 18.30 hours, the accused, in prosecution of their common intention had formed themselves into an unlawful assembly due to their previous animosity towards the de facto complainant and his friends, wrongfully restrained the de facto complainant and his friends, and the first accused stabbed one Akshay and Santhosh who were along with the de facto complainant with an intention to murder them. Then, the first accused also stabbed Prajith and the de facto complainant, and all the other accused assaulted the de facto complainant's friends, namely, Shahil, Santhosh, Abhilash, Manoj, Ajith and Sujith, with knives and other deadly weapons. Due to the grievous injuries suffered by Akshay, he succumbed to his injuries, and the injured Santhosh succumbed to the injuries on 4/4/2024. Thus, the accused have committed the above offences.

(3.) Heard; Sri. V.M. Krishnakumar, the learned counsel appearing for the petitioners and Sri.C.K.Suresh, the learned Special Public Prosecutor.