IBRAHIMKUTTY KUNJUMOHAMMED KURIKKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in B.A.No.2037/07 is the first accused and the petitioners in B.A.No.2247/07 are accused Nos.2 to 4 in Crime No.109/2007 of Kalpakancherry Police Station for an offence punishable under section 498A read with section 34 IPC. The petitioners are the husband, father-in-law, mother-in-law and brother of the mother-in-law of the defacto complainant Fathima Nisha.

(2.) I heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant.

(3.) The marriage between Fathima Nisha and the first accused took place some time in 1994 or 1995. Two children, a daughter and a son, have been born in that wedlock. The first accused is employed abroad. Consequent on the matrimonial disputes between the spouses, the defacto complainant is living separately for the past one year. The present complaint was lodged by her alleging that she was assaulted with a reaper by accused Nos.1 and 2 on 28.3.07 soon after 12 noon and she sustained injuries. Her First Information Statement has recorded from the hospital where she was admitted.