SYAMJITH K.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case registered as Crime No.601/2019 of the North Paravur police station.

(2.) The case was initially registered against the petitioner for the offences punishable under Sections 294(b), 323 and 506 I.P.C and also under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). Subsequently, the offences under Sections 451 and 427 I.P.C and under Section 3(2)(va) of the Act have been added.

(3.) The case against the petitioner was registered on the basis of the first information statement given to the police by the de facto complainant. The material averments in the first information statement can be stated as follows: The petitioner had married the daughter of the de facto complainant. In fact, the daughter of the de facto complainant had left her house with the petitioner and married him. Thereafter, the de facto complainant had no connection whatsoever with them. On the evening of 23.04.2019, the daughter of the de facto complainant called and told him that she was going to leave the house and to commit suicide. Then, the de facto complainant went to her house and took her to his house. He also informed this fact to the petitioner. At about 18.05 hours on that date, when the de facto complainant reached his house, he heard a commotion from the house. When he went into the house, the petitioner was there. The petitioner then intimidated the de facto complainant that he would kill him and he hit on the forehead of the de facto complainant and caught hold of his neck and hit him on both shoulders. When the wife and son of the de facto complainant tried to intervene, the petitioner hit his son also. Hearing the cry of the de facto complainant, people gathered there. Then the petitioner left the house calling the de facto complainant by his caste name. The daughter and wife of the de facto complainant told him that the petitioner had also assaulted them.