C. H. SALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused in Crime No.193 of 2025 of Thrikkunnapuzha Police Station, Alappuzha. The offences alleged against the petitioner are those under Sec. 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

(2.) According to the FIR, accused 1 to 7 formed themselves into an unlawful assembly armed with dangerous weapons like iron rods and sword sticks, and attacked the defacto complainant with the intention to murder him, due to the enmity for not withdrawing the case against accused 1 and 5. On 23/3/2025 at around 7.10 pm, first accused after exhorting to murder the defacto complainant, hit him on his left ribs and when he fell down, the other accused stamped him on various parts of his body and the second accused hit him with a sword on the head while the first accused abused him and again hit him with the iron rod on the head and the defacto complainant sustained fracture of the ribs and nasal bone and suffered grievous injuries and thereby the accused committed the offences alleged.

(3.) Sri. P. Vijaya Bhanu, the learned Senior Counsel instructed by Adv. A Rajasimham, vehemently contended that the entire prosecution allegations are false and the petitioner is innocent of the crime. It was also submitted that the petitioner is a person incapable of lifting his hands due to injuries sustained by him much earlier and hence the petitioner could not have committed the acts alleged. The learned Senior Counsel further pointed out that they have collected CCTV footage indicating that the defacto complainant was travelling on a bike on the day with a sword in his hand, indicating that it was he who had planned the attack and not the petitioner. The learned Senior Counsel also submitted that considering the age of the petitioner and his incapacity to lift his hands, he ought to be released on anticipatory bail.