SIYAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have been arrayed as accused Nos. 1 to 3 in the instant Crime No. 734 of 2019 of the Paravoor Police Station, Kollam, which has been registered for the offences punishable under Sections 452, 323, 324, 294(b), 506 and 354 read with Section 34 of the Indian Penal Code on the basis of the FI statement given by the lady defacto complainant on 02.09.2019 at about 9.00 p.m. in respect of the alleged incident which happened on the same day at about 5.30 p.m.

(2.) The prosecution case in short is that as the lady defacto complainant's son's friend was having love affair with the cousin sister of the first petitioner (first accused) and as the first petitioner was under the impression that the lady's son was helping his friend to carry on the said love affair, the first petitioner had animosity against the lady defacto complainant's son on that ground and out of that animosity, on 02.09.2019 at about 5.30 p.m. , the first petitioner had assaulted and attacked the lady's son upon which he fled away and got into his house and the petitioners had followed him and when they tried to attack the lady's son, the lady tried to intervene and that the first accused has attacked the defacto complainant with a stick and had criminally trespassed into her house and had beaten the lady's son with the stick and had abused the lady using filthy and foul language and had kicked on her underbelly. Four persons have been named as accused in the crime. The Police, after investigation, has deleted the 4th accused from the accused array and the petitioners 1 to 3 have been arrayed as accused Nos. 1 to 3.

(3.) The counsel for the petitioners would point out that the allegations of violating the modesty of the woman under Section 354 IPC are not brought out in this case and further that the custodial interrogation of the petitioners may not be necessary in this case.