SHINTO SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No.155/2021 of Kanjikuzhi Police Station, Idukki District alleging commission of offences under Ss. 143, 147, 450, 341, 294(b), 323, 324, 326 and 427 r/w. Sec. 149 of the Indian Penal Code.

(2.) The allegation against the petitioners is that they attacked the de facto complainant and caused injuries on him including a fracture of his shoulder. The de facto complainant is married to the sister of the 1st petitioner. The other petitioners are close relatives of the 1st petitioner and the wife of the de facto complainant.

(3.) The learned counsel for the petitioners submits that the de facto complainant and his wife are living separately due to strained marital relationship. It is submitted that, according to the allegations against the petitioners, the de facto complainant had gone to his wife's house with a gift for her on the eve of their wedding anniversary and on his wife refusing the gift, there ensued a quarrel between the de facto complainant and his wife. It is submitted that the de facto complainant had actually attacked his wife which led to registration of Crime No.156/2021 of Kanjikuzhi Police Station and the present crime was registered only as a counterblast.