DASAN Vs. SHAJI

JUDGEMENT

(1.) The revision petitioner is the de-facto complainant in CC No.802/2008 on the file of the Judicial First Class Magistrate Court, Kodungallur. By the judgment dated 11.11.2008, the learned Magistrate acquitted the accused for the offence punishable under Section 326 of the Indian Penal Code. Challenging the judgment of acquittal, the de-facto complainant has preferred this revision.

(2.) The prosecution case in brief is that on 10.09.1998 at 6.45 a.m, out of prior enmity, the accused assaulted PW1 on the road infront of the house of one Anandan in Valapad Grama Panchayat causing grievous hurt to him and thereby committed the offence under Section 326 of the IPC.

(3.) During the trial of the case, PWs 1 to 7 were examined and marked Exts.P1 to P6 on the side of the prosecution. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. However, no defence evidence was adduced.