RAMA KRISHNAN Vs. REX BOBY ARAVIN

JUDGEMENT

(1.) The appellant is the complainant in C.C.No. 147 of 2003 on the file of the Judicial First Class Magistrate Court, Sasthamkotta. The above case is a private complaint filed by the appellant against respondent Nos.1 and 2, alleging offences punishable under Sections 341, 342, 323, 506(ii) read with Section 34 of I.P.C.

(2.) The prosecution case is that on 29.01.2000 at 1 p.m., the accused persons unlawfully restrained the complainant and uttered abusive words. It is also alleged that, the accused assaulted the complainant and he sustained injury.

(3.) The learned Magistrate gave sufficient opportunity to the complainant to adduce evidence. But, no evidence was adduced by the complainant. When the case was posted on 18.11.2005, the complainant was absent. There was no proper explanation furnished by the complainant for the non appearance, and hence the accused was acquitted under Section 256 of Cr.P.C. Aggrieved by the same, this Criminal Appeal is filed.