C. S. DIAS
Sanjay Oraon, S/o Jems Oraon, Purab Line – Appellant
Versus
State Of Kerala – Respondent
ORDER :
The petitioner, who is the accused in Crime No.1234/2019 of the Ambalamedu Police Station, Ernakulam, registered against him for allegedly committing the offence under Section 302 of the Indian Penal Code, has filed the application under Section 439 of the Code of Criminal Procedure (in short, ‘Code’). He is in judicial custody since 23.10.2019.
2. The summary of the prosecution case is that, on 21.10.2019 at around 10.40 p.m., the accused, who hails from the State of West Bengal, fatally stabbed Ajay Uravo (deceased), a fellow native at house No.XIV/304 A in Kunnathunadu Grama Panchayat and, thus, committed the offence of murder.
3. Heard; Smt. Fathima Sulfath B., the learned counsel appearing for the petitioner and Sri. Suresh C.K., the learned Senior Public Prosecutor.
4. The learned counsel for the petitioner emphatically argued that the petitioner is innocent of the accusation levelled against him. There is no material to substantiate that he has committed the crime. The petitioner is a daily labourer and the sole breadwinner of his family. The petitioner hails from a financially backward family. He has been in judicial custody since 23.10.2019, which is now four years and
Hussainara Khatoon (I) v. Home Secy.
Kadra Pehadiya and Others v. State of Bihar (1981) 3 SCC 671
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav and Another
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