SYAM KUMAR V.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The 8 petitioners herein have been arrayed as the accused Nos.3 to 10 respectively in Crime No.545/2019 of Aruvikkara Police Station, Thiruvananthapuram which has been registered for the offences punishable under Secs. 143, 147, 148, 294(b), 323, 324, 354, 427, 452 r/w Sec. 149 of the IPC on the basis of the FI statement given by the defacto complainant on 27.06.2019 at about 10.30 am in respect of the alleged incident which happened on the previous day (26.06.2019) at about 7.45 p.m.

(2.) The brief of the prosecution case is that the accused persons altogether 10 in number had trespassed into the house of the defacto complainant on 26.06.2019 at about 7.45 pm on account of the disputes in playing cricket and further that the petitioners 3 to 8 along with the accused 1 to 4 had destroyed the window panes and had caused loss to the tune of Rs.4,000/- and that during the assault, A1 had pushed the mother of the defacto complainant and thereby outraged her modesty and further that, the 1st petitioner had kicked her on the chest of the defacto complainant and the 2nd petitioner herein had assaulted the head of the defacto complainant with a stone while A1 and A2 had assaulted the defacto complainant by hitting with a stick on the neck and shoulder. Accused Nos.1 and 2 were arrested, remanded and later let out on regular bail. The counsel for the petitioner would urge that the abovesaid allegations are false and baseless.

(3.) Further that, as a matter of fact, the defacto complainant along with others had actually trespassed into the house of the A1 herein on the same day (26.06.2019) at about 8.15 pm and had assaulted the wife of A1 herein as well as A1 herein and Crime No.1140/2019 has been registered by the Nedumangad Police Station wherein the defacto complainant and his associates herein have been arrayed as the accused therein for the offences punishable under Secs. 143, 147, 149, 294(b), 323, 354, 427, 447, 452 and 506 of the IPC on the basis of the FI statement given by the wife of A1 herein to the Police authorities concerned. In other words, it is stated that the defacto complainant herein (Sujith) is the prime accused in Crime No. 1140/2019 of Nedumangad Police Station and the wife of A1 herein is the defacto complainant in the said crime. According to the petitioners, the instant Crime No. 545/2019 of Aruvikkara Police Station has been registered against the petitioners and others only as a counter blast to the registration of Annexure-A3 crime.