ASHRAF Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Petitioners stand arrayed as the 5th and 6th accused respectively in Crime No.30/2019 of Manjeri Police Station, Malappuram District for offences punishable under Sections 120B, 201, 341, 324, 326 and 307 read with Section 34 of IPC. The allegation of the prosecution is that due to political enmity, on 08.01.2019 at 2.00 p.m., accused 1 to 4 chased the victim on two motor cycles and he was hacked. When he tried to escape with injuries, they followed him and one person using a sword, hit him again, on the various parts of the body. Victim sustained grevious injuries. Crime was registered and in the course of investigation, 5th and 6th accused were arrested on 10.01.2019. They are in custody since then. They seek bail.

(2.) Essentially, the allegation against the accused is very serious. They have used weapon and grevious injures were inflicted on the de facto complainant by repeatedly hacking him.

(3.) However, as far as the 5th accused is concerned, the role attributed to him seems to be slightly less, when compared to accused Nos.1 to 4, who have directly and actively participated in the commission of a gruesome crime. Regarding the role of the 6th accused, the allegation of the prosecution is that he has actively participated in the conspiracy, preparation and in execution of the crime.