MUHAMMED MUSTHAFA Vs. STATION HOUSE OFFICER

JUDGEMENT

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

(2.) The applicant herein is the 7 th accused in Crime No.486 of 2019 of the Chavakkad Police Station. The aforesaid crime was registered on 30.07.2019 under Sections 143 , 147 , 148 , 153 , 326 , 307 , 506(ii) , 120(B) r/w. Section 149 of the IPC.

(3.) According to the prosecution, on 30.07.2019 at about 6.30 pm, the accused Nos.1 to 4, who have been named in the FIR, along with certain others who could be identified at sight came in two separate bikes armed with swords and other weapons and brutally attacked the informant Sri.Vibeesh and his friends. Noushad sustained as many as 35 serious injuries and though he was removed to the hospital, his life could not be saved. The informant and others had sustained serious cut injuries. After the death of Noushad, Section 302 of the IPC was added. In the course of investigation, it was revealed that accused Nos.3, 4, 11, 15, 16 and 17, were the persons who had inflicted the injuries and the 1st accused had exhorted them to do away with the deceased. Investigation further revealed that the accused were activists of the SDPI and the deceased and the injured owe allegiance to the Indian National Congress and they were having political enmity towards each other. Insofar as the applicant is concerned, it is alleged that he is a leader of the SDPI and that he had taken active part in the conspiracy hatched by the accused. It is specifically alleged that the applicant had met the principal accused on 29.07.2019 to plan the manner of commission of the offence.