PREMLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973.

(2.) On 30.07.2019 at about 7.20 p.m., a statement was furnished by Sri. Sajeev, while he was undergoing treatment in the Indo-American Hospital, Vaikom. In his statement, he alleges that, he had been working for the past 20 years at Saudi Arabia and it was on 23.07.2019, he had landed in India. On the same day itself, he had an altercation with his daughter when she was asked about her relationship with a bus driver from Konni. On 24.07.2019, the daughter of the de facto complainant lodged a complaint before the Station House Officer, Aranmula Police Station and the defacto complainant was summoned. The lover of his daughter was also present at the station. He states that his daughter told him in the presence of the police that she did not intend to come back to the family home and that she is going to set up a life on her own with her lover. While the de facto complainant was not at home, his daughter came and took her mother, who was bed ridden. On 27.07.2019, the de facto complainant summoned an autorickshaw and went to the parental family home of his wife. When he reached there, the father as well as the brother of his wife were present there. It is alleged that an altercation took place between the de facto complainant and the relatives of his wife. He specifically alleges that, immediately thereafter, four young men reached the spot and one of them attacked him on his head with a stick, as a result of which he fell down. He stated that he suffered serious injuries in the said transaction. He was initially treated at the Kozhencherry Muthoot Hospital, from where, he was referred to the Indo-American Hospital at Vaikom. Based on the above statement, Crime No.433 of 2019 of the Elavumthitta Police Station was registered under Sections 341 , 323 , 324 and 326 read with Section 34 of the IPC. The accused in the FIR has been identified as his daughter's lover and three other persons who could be identified at sight.

(3.) While undergoing treatment as aforesaid, the informant succumbed to the injuries sustained by him and Section 304 of the IPC was later added.