SUMESH @ KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Section 438 of the Code of Criminal Procedure.

(2.) The petitioner herein is the accused in Crime No.1283/2017 of the Perumbetty Police Station, registered alleging offences punishable under Sections 308, 325 and 506(1) of the Indian Penal Code.

(3.) The informant is one Omanayamma, who is aged about 60 years. According to her, the petitioner herein is the son of her husband's sister. Due to some dispute, between the petitioner and his parents, he has been residing with the informant and her family for the past 1 year. On 14.12.2017 at 12.30 AM, the petitioner is alleged to have entered her bed room and he is alleged to have made an attempt to suffocate her. She managed to push him off in the course of which she fell on the ground. The petitioner is alleged to have slapped on her face as well. As a result of the acts of the petitioner, the informant is alleged to have lost two of her teeth. It is further alleged that the petitioner asked the informant whether she would assist him to do away with his mother. When she agreed, he is alleged to have let go of her. At this stage, she asked for water and the petitioner is alleged to have gone to the kitchen. At that time, the informant managed to make good her escape.