SANJAY RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in Crime No. 765/2019 of Irinjalakuda Police Station, for having allegedly committed offences punishable under Sections 120B, 448, 341, 323, 324, 302 read with Section 34 of the Indian Penal Code along with three other accused.

(2.) The facts in brief is that on 14.09.2019, at about 12.30 A.M., there was an altercation between the defacto complainant and the first accused with regard to parking of vehicles, obstructing the way to the house of the defacto complainant. The accused in furtherance of common intention, trespassed into the courtyard of the defacto complainant, wrongfully restrained him and the petitioner/first accused inflicted a cut injury on the defacto complainant's father in law, who succumbed to the injuries. The other accused inflicted injuries on the defacto complainant. Thereafter, the final report has been filed. But in the final report, the over-tact of inflicting injury on the deceased is not attributed to the first accused, but it is attributed to the second accused. The petitioner would contend that the fact regarding him not inflicting any fatal injury would be revealed from the CCTV footage, which has been installed in the house of the defacto complainant. But that has not been produced as an evidence and it is submitted that it has to be examined by an expert.

(3.) The learned Senior Public Prosecutor has also submitted a report to the effect that all the four accused have criminal antecedents. There are three criminal cases registered against the petitioner/first accused. But those are under Sections 279 , 420 , 323 and 324 of IPC. In all those cases, he has been released on bail and is facing trial.