LITHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused 1 and 2 in Crime No.1130 of 2018 of Sasthamcotta Police Station for offences punishable under sections 341,294(b), 323, 324, 326 r/w 34 of the Indian Penal Code.

(2.) The crux of the prosecution allegation is that, on 30.05.2018 at about 5.30p.m, while the defacto complainant was proceeding in a motor cycle, petitioners herein waylaid them, wrongfully restrained them and caused bodily injuries on the defacto complainant and his friend. They were taken to the hospital. Annexure-A1 FIR was laid and crime was registered. Apprehending arrest, accused have approached this Court.

(3.) The version of the learned counsel for the petitioners is that, in fact, on the same day and time, while the petitioners herein were returning on their scooter, defacto complainant and others wrongfully restrained them and assaulted. Serious injuries were inflicted on the face of the petitioners. It was stated that the first petitioner was taken to the District Hospital, from where, she was referred to the Medical College Hospital. Annexure-A3 is the FIR registered at the instance of the first petitioner. The body note attached to it shows that, his right eye was found injured. This is supported by Annexure-A2, CT scan report, which shows that, there is a fracture of a medial wall of right orbit. On the other hand, defacto complainant in the present case had sustained four abrasions only.