ABDUL SALAM Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Applications filed under Sections 438 & 439 of the Code of Criminal Procedure.

(2.) Petitioner is the accused in Crime No.663 of 2015 of Pothanikkadu Police Station registered for the offences punishable under Sections 294(b), 341 and 308 of the Indian Penal Code.

(3.) Prosecution case is that on 04.10.2015 at about 11.00 a.m., the petitioner knocked down the scooter on which the defacto complainant was travelling. It is an admitted case that there are civil litigations pending between the petitioner and the defacto complainant. It is the prosecution case that with a view to commit culpable homicide, the petitioner forcefully rammed his car on to the motor bike ridden by the defacto complainant. In connection with the incident a counter case is also registered as Crime No.664 of 2015 of the same Police Station under Sections 341, 324 and 326 of the Indian Penal Code.