LAWS(KER)-2021-9-112

MIDHUN Vs. STATE OF KERALA

Decided On September 17, 2021
MIDHUN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners are the sole accused in Crime No.1042/2021 of Kodungalloor Police Station, registered alleging the offences punishable under Sections 143, 147, 148, 323, 324, 452, 506(ii) and 308 of IPC.

(2.) The prosecution case is that, in connection with the football match there was enmity between the defacto complainant and the accused persons. Out of that enmity accused formed themselves into an unlawful assembly and in furtherance of the common object of the assembly they rioted with deadly weapons and trespassed into the house of the defacto complainant on 13.8.2021, and 1st accused caught hold of the neck and pressed on the genitals of the son of the defacto complainant. When the defacto complainant tried to prevent the accused, first accused voluntarily assaulted her. Nephew of the defacto complainant, Vaishakh was also hit with iron rod on his head. Thereby accused persons committed the offence aforementioned.

(3.) The learned Public Prosecutor produced the copy of the FIR and FIS and also the wound certificate of the defacto complainant and also Vaishakh. Wound certificate produced would show that immediately after the incident, they have been examined by the doctor with the alleged history of the assault.