MUHIYUDHEEN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short), by the sole accused in S.C.No.1027/2023 on the files of the Court of Sessions, Manjeri, seeking the following prayers:

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) In this matter, the prosecution alleges commission of offence punishable under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) by the accused. The specific allegation is that the accused, who is none other than the husband of the victim, married the victim on 16/7/2010, as per religious ceremonies. While living as husband and wife, the victim noticed the illicit relationship of the accused with other ladies and she informed the same to the parents, siblings and neighbours. That apart, she informed the same to one Arif Yasin, a friend of the accused, through WhatsApp. The above said Arif Yasin watched the activities of the accused and when the accused came to know about this, he quarreled with the victim and she was forced to leave the matrimonial home one week before the occurrence. Before that, there was a quarrel between the accused and the victim at about 6 am on 1/4/2023 and the 2nd witness intervened and cooled the situation. While so, at about 3.30 hours on 2/4/2023, while the victim was sitting in the work area of the house of the 9th witness, and witness Nos.1 and 5 moved towards her house at Vazhakkad for eating Suhoor before Ramzan fasting, the accused, because of rivalry, with intention to do away with the victim, slapped her on the right side of her face near the eye by using his hand, caught hold on her hair, and hit her forehead on the wall. Thereby the victim became unconscious. Later, the accused covered the nose and mouth of the victim by using a shawl and murdered her between 4 hours and 4.47 hours. Thus the prosecution alleges commission of offence punishable under Sec. 302 of IPC.