NOBLE MOHANDAS Vs. STATE

JUDGEMENT

(1.) This is a revision petition by the accused. The accused is the husband and the complainant P.W. 1 is his wife. The accused is a clerk under the Railways department, living at Podanur. P.W. 1 is a teacher living at Madurai. Of the wedlock, they-had two children who are now living with their mother, Both the husband and wife were living together till 23rd September, 1983.

(2.) The elder brother of P.W. 1, who is a Christian married on 24-1-1973 a Muslim girl, nurse by profession. The whole family was against that marriage. But he accused gave his blessings to the marriage and even signed the document evidencing the same. On 4-9-1983, the elder brother of P.W. 1 contracted another marriage. A complaint of bigamy was filed by the first wife who has been examined in this case as D.W. 1 and in that complaint the first wife cited the accused as one of the witnesses to be examined.

(3.) Under the circumstances, the case of the prosecution is that, the husband came all of a sudden on 1-11-1983, to the house of the wife beat her, fisted her on the left cheek, dashed her against the wall several times, squeezed her neck. He was prevented from inflicting further injuries by P.Ws. 3 and 4, and he left the place threatening his wife of death.