ABDUL RAHIMAN FAIZAL A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 to 3 in Crime No.539/2018 of Kasaragod Police Station, Kasaragod District. The above crime is registered for an offence punishable under Sections 143, 147, 148, 341, 323 and 326 r/w. Section 149 of the Indian Penal Code.

(2.) The allegation is that on 18.07.2018, at about 23.00 hours, the de facto complainant was abducted by the petitioners and others, wrongfully restrained him and assaulted him with a rod and caused grievous hurt to him.

(3.) The learned counsel for the petitioners argued that there was no incident as alleged. The petitioners went to Pulikoor to attend a marriage. The de facto complainant was also there in the house. He asked the petitioners for a lift to Kasaragod. He was given a seat in the car and there were discussions about repayment of Rs.1 lakh which the de facto complainant received from one Badarudeen. This ended in a commotion and the de facto complainant was beaten up by the 4th accused with hand. After that, a false story was foisted by the de facto complainant with the help of one Faisal, a political leader. The alleged incident was occurred on 18.07.2018. The de facto complainant was admitted in the hospital on 19.07.2018 at 10.30 p.m. It was written in the wound certificate that the de facto complainant was taken in the car after attending a marriage function at Rahmath Nagar. Till at 05.00 a.m. he was kept in a room and was attacked by the petitioners with an iron rod. But he was not admitted in the hospital immediately after the alleged incident. He went to hospital in the evening. It is true that the de facto complainant has sustained fractures.