A. KUNHIRAMAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in Crl.M.C.No.1397/2019 is the accused in Crime No.97/2015 of Rajapuram Police Station, Kasaragod District, which has been registered for offences punishable under Secs.324, 447 & 34 of the IPC.

(2.) The allegation of the prosecution case in the said crime is that on 26.02.2015 at about 6 p.m., when the defacto complainant had gone to the field to tie his cow, the accused had abused him and when the defacto complainant had tried to persist it, the accused had beat the defacto complainant and his wife and thus caused him harm had trespassed into the property and that the accused had prior enmity to the defacto complainant as the latter's cow had earlier strayed into the property of the accused. Annexure-A1 is the copy of the FIR in the abovesaid Crime No.97/2015 of Rajapuram Police Station. The police after due investigation has filed the impugned Annexure-A2 Final Report/Charge Sheet in the said crime, before the Judicial First Class Magistrates Court-I, Hosdurg, which led to the institution of calendar case C.C.No.1755/2015 on the file of the said Magistrates Court.

(3.) It appears that a crime out of a counter case was registered against the defacto complainant herein and the said counter case ultimately led to a Sessions Case S.C.No.581/2018 before the Assistant Sessions Court, Hosdurg. Since the present case was a counter to the other Sessions case. The present calendar case C.C.No.1755/2015 on the file of the Judicial First Class Magistrtes Court-I, Hosdurg was committed to the Assistant Sessions Court, Hosdurg to be tried along with the counter case in S.C.No.581/2018. The 2nd respondent is the defacto complainant in this crime. It is further stated that the counter case, in which respondent No.2 has been arrayed as accused in S.C.No.515/2015 has been duly settled between the parties. It is further stated that now the parties have been amicably settled all the disputes in relation to the present case as well and that respondent No.2 defacto complainant and respondent No.3 (defacto complainant's wife), who are the victims in the above crime have filed separate affidavits, which has been filed before this Court as made available on pages 16 & 17 of the paper book of this case.