SUNIL.E.E. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have been arrayed as the three accused in Anx-A1 FIR in Crime No.138/2019 of Vellikulangara Police Station, which has been registered for offences punishable under Secs.323, 341, 354, 452, 506 and 509 r/w Sec.34 of the I.P.C., on the basis of the FI statement given by the lady victim at about 8:00 p.m in the night.

(2.) The prosecution case in short is that the lady victim in this case, Nisha, had abused the wife of A-1's brother over phone and on being provocated by this, the accused persons have gone to the residence of the lady victim and A-1 had hit the lady with the hand and had torn her churidar and the accused Nos.2 and 3 had assaulted her.

(3.) The learned counsel for the petitioners would point out that the the abovesaid allegations have been falsely foisted against the petitioners by the lady victim, Nisha, only as a counter blast to Anx-A2 Crime No.137/2019 of the very same Police Station, registered on the same day but before the registration of Anx-A1 Crime for offence punishable under Sec.324 of the I.P.C. It is stated that the lady victim, Nisha, is a married lady and she was chatting with one Anil, brother of accused No.1 (Sunil) and Anil is also a married man and knowing about the said relationship, Anil's wife and the said Nisha had some altercations over phone and Nisha had also informed accused No.2's daughter about the said altercations and the present accused persons had gone to the house of Nisha to solve the issues and that thereupon one Charlie, who is an immediate neighbour of Nisha, had come to the scene and caused serious assault on A-1 herein and he has suffered serious injuries and was immediately hospitalised and A-1's brother-in-law, George, had given the FI statement in relation to the said crime which led to Anx-A2 Crime against the said Charlie as an accused. That Police has not taken any serious action on Anx-A2 crime even though A-1 herein has suffered very serious injuries including huge cut injury on his face as can be seen from Anx-A4 medical record. That it is only a counter blast to Anx-A2 crime that the lady victim has got Anx-A1 Crime registered against the petitioners as accused by raising false allegations.