UMESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The four petitioners herein are accused Nos.1 to 3 and 5 among the seven accused in Crime No.428/2019 of Karukachal Police Station. The offences alleged against the accused are under Sections 143, 147, 148, 294(b), 506(1), 341, 452, 354 r/w. Section 149 of IPC.

(2.) The prosecution case is that the 1st accused is in inimical terms of the husband of the lady defacto complainant in connection with a quarrel, which had taken place at Champakara Devi Temple and in view of that animosity, later on 11.3.2019 at about 10.30 p.m., the seven accused persons including the four accused herein had trespassed into the house of the lady defacto complainant and assaulted her and her family members. The allegations against the petitioners are that the 1 st accused had assaulted the husband of the lady defacto complainant by using a stick and he had also caught hold of the leg of the lady defacto complainant and fisted on her daughter and the 2 nd had assaulted on her husband using a stick and he had stamped on the back of the lady defacto complainant and the 5th accused had beaten the defacto complainant and her daughter etc.

(3.) The learned counsel for the petitioners would submit that the allegations have been falsely foisted on them as the defacto complainant and her family members have affiliation to the ruling party and that the minor dispute which occurred also in relation to the conduct of the temple festival has been unnecessarily exaggerated to implicate the petitioners in this false charges etc. The learned counsel for the petitioners further submits that the 1 st and 2nd petitioners are brothers and no serious allegations are raised against the 3rd petitioner.