RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole applicant in B.A.No.6426/2019 and the 4 applicants in B.A.No.6430/2019 are accused Nos.1 to 5 respectively among the ten accused in the instant Crime No.620/2019 of Ochira Police Station, which has been registered for offences punishable under Sections 143, 147, 148, 294(b), 354, 323, 324, 325, 326, 395 and 149 of the IPC and Section 27 of the Arms Act, 1959, on the basis of the First Information Statement given by the lady defacto complainant on 5.7.2019 at about 10.20 p.m in respect of the alleged incident, which had happened on 3.7.2019 at about 9.45 p.m.

(2.) A brief description of the allegation in the above Crime is that when the lady defacto complainant was travelling as a pillion rider in the motorcycle ridden by her husband, accused Nos. 1 to 5 together with five other unidentified persons, in furtherance of their common object, had formed themselves into an unlawful assembly, armed with deadly weapons of iron rod, sharp edged iron rod, long stick etc, and had committed rioting near the Kadavanthara temple in Clappana Village, on 3.7.2019 at about 9.45 p.m and A1 had uttered obscene words against the lady defacto complainant in a public place and assaulted her with intent to outrage her modesty and A1 to A5 and other unidentified persons, in furtherance of their common object, had voluntarily caused hurt to the defacto complainant and her husband by manhandling with deadly weapons of sharp edged iron rod, long stick and iron rod. The accused persons had committed grievous hurt to the lady victim by dislocation of her three teeth and uprooting one of her teeth and that the accused persons had committed mischief by causing loss of the lady's 'thali chain' weighing 5 sovereigns.

(3.) The petitioners would vehemently argue that the above said allegations are false and fabricated and that the husband of the lady defacto complainant is accused in at least in six crimes and one of which is for the offence as per Section 302 of the IPC.