GHEE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant crime No.2713/2019 of Kundara Police Station, Kollam which has been registered for the offences punishable under Secs. 341, 294(b), 308, 323, 324, 506 and 354 of the IPC. The crime has been so registered on the basis of the FI statement given by the lady victim on 26.11.2019 at about 2.30 p.m. in respect of the alleged incident which happened on 23.11.2019 at about 8 p.m. in the night. The petitioner has been arrested in this case on 26.11.2019 and after his remand, has been under custody since then.

(2.) The brief of the prosecution case in short is that the petitioner/accused aged 63 years is the elder brother of the lady victim's husband and he had entertained animosity against the lady and her husband on account of their participating in the house warming ceremony conducted by a person who happens to be in bad terms with the petitioner. On account of the said animosity, while seeing the lady and her husband coming walking on the tar road on 23.11.2019 at 8.00 p.m, the petitioner had wrongfully restrained the lady's husband and abused him and thereafter, the petitioner had beat on the right cheek of the lady's husband, upon which the lady intervened and then the petitioner abused her and beat her with an iron stick on her head, which she evaded and the same had hit on her right hand causing injuries on her elbow. It is alleged that if she had not evaded the said blow, it would have resulted in her death and that the petitioner has also assaulted on her right hand muscle and shoulder causing swelling and pain and that he had also criminally intimidated her and her husband and that thereby the petitioner had committed the abovesaid offences. The petitioner has been arrested in this case on 26.11.2019 and after his remand, has been under detention since then.

(3.) According to the prosecution, the lady defacto complainant and her husband were taken to the hospital on the same day after the incident and the wound certificate issued by the doctor would show that the lady had sustained contusions and abrasions on her forearm and shoulder. The counsel for the petitioner would point out that the abovesaid allegations are false and fabricated and that the incident is said to have happened on 23.11.2019 whereas the crime has been lodged only as late as on 26.11.2019 and that the delay in this regard has not been explained and the delay would fatally affects the very believability and credibility of the prosecution story. The learned Prosecutor would point out that the FIS and the crime could not be lodged on the same day of the incident as both the lady and the husband were taken to the hospital immediately, after the incident.