ASHWATH K.P. @ ACHU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant is the 1st accused in Crime No.431 of 2018 registered at the Kumbla Police Station under Sections 302 and 324 r/w. Section 34 of the IPC.

(3.) A building under construction situated near to the house of one Afsal used to be frequented by the applicant and his friends. They used to consume alcohol causing inconvenience to the neighbours. On 5.8.2018, at about 10.30 p.m., while the informant, his friend Sidhique, and Hameed were having a conversation at Prathap Nagar, he was called over phone by Afsal and they were told about an altercation between him and the accused. They rushed to the place and found that the applicant was having an altercation with Afsal. Afsal pushed the applicant, which led to a scuffle. When Siddique intervened, the applicant took out a knife and inflicted a single stab injury on the left side of his abdomen, which proved fatal. Though Siddique was removed to the hospital, he was pronounced dead at about 11.30 p.m. Some overt acts are alleged against the 2 nd accused as well.