NIDHEESH P.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Cr.P.C.

(2.) The applicants are the accused Nos. 3 and 5 in S.C.No.754 of 2018 on the file of the Additional Sessions Judge, Irinjalakkuda. In the aforesaid case, they are being proceeded against for having committed offence punishable under Sections, 143, 147, 148, 323, 324, 326, 307, 450 and 302 r/w. Section 149 of the IPC.

(3.) On 27.5.2018, at about 11.15 p.m., in pursuance of a conspiracy hatched by accused Nos.1 to 13 to murder one Vineeth, the accused Nos. 1 to 5 are alleged to have trespassed into his house and when Vijayan, father of Vineeth, opened the door, he was inflicted with fatal injuries. The mother and grandmother of Vineeth intervened to save the deceased. They were also brutally attacked. According to the prosecution, accused Nos.1 to 5 are the persons, who trespassed into the house and had inflicted injuries, and accused Nos.6 to 11 and 14 are the persons, who had actively aided accused Nos.1 to 5 and stood guard outside the house, to facilitate the commission of the crime by the principal accused.