ANIL S/O MOHANAN vs STATE OF KERALA - 2024 Supreme(Ker) 887

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 887

A. BADHARUDEEN
ANIL S/O MOHANAN – Appellant
Versus
STATE OF KERALA – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: T.U. SUJITH KUMAR, WINSTON K.V.

ORDER :

1. This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the judgment in Crl.A.No. 98/2021 on the files of the Additional Sessions Court-V, Kollam, arising out of judgment in S.C.No. 919/2013 on the files of Additional Sessions Court, Kottarakkara.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents

3. In a nut shell, the prosecution allegation is as under:

The accused, who married the victim on 22.08.2003, while they were residing at the house bearing No. XVI/43 belongs to victim, situated at Nadukkunnu, Keezhattur, Edamulackal Panchayat, used to harass her by demanding more dowry, both mentally and physically. Later, the accused was expelled from that house. Again, consequent to the intervention of mediators, the dispute was compromised and the accused started to live along with the victim at her house. While so, on 24.12.2012 at about 2.15 a.m, when the victim was sleeping at her room in the middle portion of the house, the accused caught hold of her neck and cut her throat with a knife with intent to kill her, suspecting th