SURENDRAN Vs. GEETHA

JUDGEMENT

(1.) This is an appeal filed by the complainant in C.C.No.361 of 2000 on the file of the Judicial First Class Magistrate Court, Koylandy.

(2.) The above case is filed by the appellant against respondents 1 and 2 alleging offences punishable under Sections 341, 323 and 326 r/w. Section 34 IPC.

(3.) The case of the complainant is that, on 11.2.1999 at about 8.30 a.m. while the complainant was going towards his shop in order to open his shop room and when he reached at Kunnothumukku junction, at that time, the 1st accused who was coming on the opposite direction wrongfully restrained the complainant. Thereafter, it is alleged that, she questioned him about some matter relating to her. At that time, the 2nd accused who was following the first accused came there and fisted at his abdomen. As a result of which, the complainant fell down. At that time, the 2nd accused beaten him over the left shoulder by means of a stone. Due to the pain the complainant cried loudly. At that time, one Sajeevan, Sura and along with some others came there. At that time, accused Nos.1 and 2 went away from the spot. As a result of the alleged incident, the complainant sustained injuries and hence the complaint is filed. It is the case of the complainant that, even though he submitted the complaint before the police, the police referred the case as a mistaken of fact because of the influence of the 1st accused.