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2019 Supreme(Ker) 918

ALEXANDER THOMAS
Praveendas S/o. Mohanan – Appellant
Versus
State of Kerala, Represented by The Public Prosecutor, High Court of Kerala, Erankulam – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.R. Sasith.
For the Respondents: Sri. R. Pushpangathan Pillai, Sri. Amjad Ali, Public Prosecutor.

JUDGMENT :

The petitioner herein has been arrayed as the sole accused in the instant crime No.1788/2019 of Kadakkal Police Station which has been registered for offences punishable under sections 498A and 326 of the IPC. The above said crime has been registered on the basis of FIS given by the lady defacto complainant on 09/10/2019, at about 1.15 pm in respect of the alleged incidents which happened on 06/10/2019 at about 12.30 pm in the afternoon. The lady defacto complainant in this case is the wife of the 1st petitioner herein. The short of the prosecution case is that the marriage of the petitioner accused now aged 40 years and the lady defacto complainant, now aged 32 years was solemnized about 13 years back and the marriage was a culmination of an intense love affair between them and that the petitioner belongs to a backward class and that the lady belongs to a forward community and that petitioner used to frequently treat her with cruelty and harassment and that on 06/10/2019, at about 12.30 pm, the petitioner had quarreled with her and had beaten her on her left hand using a firewood piece (xxx) and that she was immediately hospitalized on the same day and x-ray revealed tha

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