BADUSHA Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is accused No.1 in Crime No.230/2022 of Sasthamcotta Police Station. The offences alleged against the petitioner are punishable under Ss. 143, 147, 323, 324, 325 and 308 read with Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that on 15/2/2022 at around 9.30 p.m., at Manakkara Muri in Sasthamcotta Village, the petitioner and other accused formed themselves into an unlawful assembly, armed with deadly weapons voluntarily caused hurt to the de facto complainant and his friends. The petitioner and the other accused committed the above acts in furtherance of their common intention and with the knowledge that, if they by that act caused death of the de facto complainant, they would be guilty of culpable homicide not amounting to murder.