SAFWAN ADHUR Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in S.C.427/2024 pending before the Additional Sessions Judge-I, Kasaragod, arising out of crime No.577/2023 of Melparamba police station filed this petition under Sec. 438 & 442 of the BNSS, challenging Annexure-A4 order of the learned Sessions Judge rejecting his application for discharge.

(2.) As per Annexure-A4 order, the learned Sessions Judge decided to frame charge against the petitioner under Ss. 306 and 204 of IPC.

(3.) The prosecution case is that the petitioner had an extra marital relationship with the 2nd accused, who is now no more. When the 2 nd accused came to know that the petitioner was about to marry another woman, she inquired about the same with the petitioner. Enraged by the query made by the 2nd accused, the petitioner scolded the deceased saying "go away and die". It is alleged that, the deceased who was mentally disturbed due to the above act of the petitioner, jumped into a well, along with her daughter aged 5 1/2 and committed suicide on 15/9/2023 between 5.10 a.m and 6.00 a.m.