ARAFATH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed u/s.482 Cr.P.C. to quash the proceedings against the petitioner in S.C.No.54/2009 on the file of the Ist Additional Assistant Sessions Judge, Thrissur. According to the petitioner, he is the accused in crime No.427/2008 of Chavakkad Police Station registered for the offences u/s. 452, 324 and 308 IPC.

(2.) The prosecution case is that, out of previous enmity with the son of the defacto complainant/2nd respondent, petitioner/accused trespassed into the house of the defacto complainant and when he attempted to attack CW3 - the son of the defacto complainant, she intervened and thereupon the petitioner/accused hit her with wooden rafter, which was evaded by the defacto complainant, thereby, it was touched on her nasal bone and thereby caused grievous injuries to her. Hence petitioner/ accused committed the offence aforementioned.

(3.) The contention of the petitioner is that he is totally innocent of the offences levelled against him and even if the entire allegations raised against the petitioner is taken as true, no offence as alleged is made out.