SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1078/2019 of Trikkunnapuzha Police Station, Alappuzha, which has been initially registered for offences punishable under Secs.294(b), 324 & 307 of the Indian Penal Code . The crime was so registered on the basis of the First Information Statement given by the lady de facto complainant, who is none other than the wife of the petitioner/accused on 12.09.2019 at about 11 p.m. (crime registered on 13.09.2019 at about 1.55 p.m.) in respect of the alleged incidents which happened on 12.09.2019 at about 7.30 p.m. in the night. The petitioner herein has been arrested in this case on 13.09.2019 and after his remand he has been under detention since then.

(2.) Immediately after the incident, the lady victim (who is the mother of the lady de facto complainant in this case and the mother-in-law of the petitioner/accused) was taken to the hospital and was given intensive treatment and later she died in the hospital on 03.11.2019. In the post- mortem report, it is opined that her death was due to the head injury. The police after investigation, has subsequently taken steps to alter the offence as per Sec.307 of the IPC and substituted the same with the one as per Sec.302 of the IPC .

(3.) Further it is seen that the investigation has now been completed in its entirety and the Final Report/charge sheet in this crime has been filed on 07/12/2019 before the Judicial First Class Magistrate Court - 1 Haripad and the matter was initially taken as Committal Proceedings CP No.93/2019 on the file of the Judicial First Class Magistrate Court-1, Haripad. Later it appears that the learned Magistrate has finalized the committal proceedings and committed the case to the Sessions Court concerned. The petitioner/accused in this case is none other than the husband of the 1 st informant and is also the son in law of the deceased lady victim in this case.