RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.186/2024 of the Vandiperiyar Police Station, Idukki, which is registered against him for allegedly committing the offences punishable under Ss. 294(b), 323 and 302 of the Indian Penal Code, 1860('IPC', for short). The petitioner was arrested on 9/3/2024.

(2.) The essence of the prosecution case is that: on 9/3/2024, at around 02.00 hours, the accused out of his previous animosity towards the de-facto complainant and his brother, named Jithu (deceased), uttered obscene words at them and then stabbed the deceased on his thigh with a sharp weapon, which resulted in his death. Thus, the accused has committed the above offences.

(3.) Heard; Sri. S.K. Adhithyan, the learned counsel appearing for the petitioner and Sri. C.K. Suresh, the learned Special Public Prosecutor.