ANEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 1st accused in Crime No.3139 of 2017 of Kottarakkara Police Station, registered alleging offence punishable under Sections 120(b), 341, 324, 326, 307 read with Section 34 of the IPC.

(3.) According to the prosecution, the 1st accused and his family members were having long standing enmity towards the de facto complainant. There were litigations between them as well. Prosecution alleges that the 1st accused approached the 5th accused, who is running a Gymnasium in the near vicinity. He is alleged to have entered into a conspiracy with accused Nos.2, 3 and 4 to do away with the de facto complainant. As agreed, the 1st accused is alleged to have paid a sum of Rs. 5,000/- each to the rest of the accused. In pursuance to the said conspiracy, on 13.11.2017 at about 8.30 p.m, the 1st accused is alleged to have come in a car and accused Nos.2 and 3 in a motor bike. After reaching the shop room of the de facto complainant, the 1st accused is alleged to have shown the de facto complainant to the accused Nos.2 and 3. After closing the shop room, when the de facto complainant came out, the accused Nos.2 and 3 are alleged to have assaulted with weapons causing grievous injuries on vital parts of his body.