ANTONY JOSEPH Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are husband and wife, who have been arrayed as accused Nos.1 and 2 in Crime No.137 of 2018 of the Kumali Police Station.

(3.) The aforesaid Crime has been registered at the instance of the mother of the 1st petitioner alleging offence punishable under Sections 323, 324, 506(1), 406 and 420 read with Section 34 of the IPC. The mother of the victim is a lady aged 89 years. According to the de facto complainant, she is the owner of a property having an extent of 1 acres 10 cents. She executed a settlement deed in favour of one of her sons, one Augustine in the year 2006. Later, she moved a petition under the Maintenance and Welfare of Senior Citizens Act and the settlement deed was cancelled. Thereafter, the petitioners persuaded the mother to stay with them by assuring that she would be well looked after. Thereafter in the year 2009, they managed to get a sale deed executed in their favour by convincing the informant that what is being executed is a settlement deed. After getting the sale deed executed in their favour on 22.5.2009, the petitioners started behaving cruelly towards the de facto complainant. It is alleged that in the month of January, 2018, the 1st petitioner twisted her hand and the 2nd petitioner on 5.2.2018, pushed her down.