SHAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is accused in Crime No. 304 of 2014 of the Chadayamangalam police station for the offences punishable under Secs. 294(b), 323, 324 and 308 of the Penal Code, apprehends arrest and has filed this application. Application is opposed. It submitted that on 07.03.2014 at about 08:00 p.m. the petitioner attacked the de facto complainant with a knife in the hall of house of the petitioner. The petitioner had borrowed Rs. 1,000/- from the de facto complainant and when the de facto complainant sought repayment, the petitioner asked the de facto complainant to come to his house where the aunt of the petitioner was told about the transactions which the petitioner did not like and thereon, he stabbed the de facto complainant with a knife.

(2.) Learned counsel submits that the allegations are not true. There was dispute between the petitioner and the de facto complainant regarding money transaction and on the relevant day and time, the de facto complainant trespassed into his house and attacked the petitioner with a knife. He kicked wife of the petitioner who had delivered a child about 33 days back. She was admitted in a hospital and treated as inpatient.

(3.) It is revealed that the knife is recovered from the scene of occurrence which is house of the petitioner. Under what circumstances the de facto complainant went there is a matter for investigation and for the court concerned to decide. Petitioner has produced Annexure-A1, wound certificate of his wife which shows that she was examined by the Medical Officer on 07.03.2014 at 10:45 p.m. She complained that she was attacked with knife by a person who trespassed into her house. She had contusion on the B.A. NO. 2295 of 2014 cheek and abrasion on the right hand. She also had complaint of severe pain. Having regard to the above circumstances, including that the incident happened in the house of the petitioner, I am inclined to grant relief.