ANEESH @ AMEER Vs. THE STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner herein is the accused in Crime No.2459 of 2017 of the Punalur Police Station registered alleging offences punishable under sections 447, 323 and 302 of the IPC.

(3.) The prosecution allegation is that on 21.12.2017 at 3 p.m., the petitioner herein with intent to commit murder of deceased Rasheed, trespassed into his property and questioned the deceased as to why he was harassing his relatives. This resulted in an altercation as the deceased was in an inebriated stage. The petitioner is alleged to have pushed the deceased as a result of which he fell into a deep drainage pit. In a fit of rage, the petitioner is alleged to have dropped a heavy stone on the body of the deceased. No one took notice of the deceased on the date of incident. On the next day, the deceased was removed to the hospital, where he was pronounced dead.