JASIL A.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.870/2023 of Elamakkara Police Station, Ernakulam, registered against the petitioner for allegedly committing the offence punishable under Sec. 302 of the Indian Penal Code,1860. The petitioner was arrested on 5/6/2023.

(2.) The gist of the prosecution case, is that: the accused and a lady named Lincy Agnus (deceased) were residing in room in the third floor of Hotel Baha, Edappally, Ernakulam, on the promise made by the deceased that, she would arrange a marriage certificate and would take the accused abroad. But, on 2/6/2023, at 11.20 p.m., while the accused examined the chats on the deceased's mobile phone, he found that the deceased had in personated herself as Ann and contacted him through several phone chats. The accused got infuriated by the act of the deceased in attempting to cheat him, and then, he fisted her and beat her several times on her face and, thereafter, he kicked her and threw the wardrobe on her, whereby she hit the ground and and fell unconscious. The accused kept the deceased in his custody without giving proper medical treatment to ensure her death. Subsequently, she had an internal brain hemorrhage and lost her life. Thus, the accused has committed the above offences.

(3.) Heard; Sri. S.A.Anand, the learned counsel appearing for the petitioner and Smt. Nima Jacob, the learned Public Prosecutor appearing for the respondent.