ALI ASHKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicants herein are brothers. They are the accused Nos.1 and 2 in Crime No.1432 of 2019 of the Karunagappally police station, registered on 11.9.2019 under Sections 294(b) , 341 , 302 r/w 34 of the Indian Penal Code .

(3.) According to the prosecution, Sri.Sarasan was a fish vendor. The mother of the applicants, Smt.Shylaja Beevi, and the aforesaid Sarasan had an altercation when some persons burst crackers out side his home as part of Onam celebrations. The applicants herein were summoned by their mother. They trespassed into the house of the aforesaid Sarasan and abused him. Ananthakrishnan, the son of Sarasan informed about the incident to Sujith, who is the driver of their pick up van. Sujith came to the spot along with his father, Uthaman. It is alleged that the 1st applicant attacked Sujith with a freewheel and stabbed him with a knife. The 2 nd applicant joined the 1st applicant and attacked Uthaman and caused injuries. Though Sujith was rushed to the hospital his life could not be saved.