SANTHOSH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PW1, Sri. Babu lodged Ext.P1 First Information Statement alleging commission of offences punishable under Sections 323 and 341 read with Section 34 of the Indian Penal Code (hereinafter referred to as " I.P.C ") against four persons including the revision petitioners/accused Nos.3 and 4. After investigation, the Sub Inspector of Police, Kayamkulam submitted final report against the accused 1 and 2 for the offences punishable under Sections 323 and 341 read with Section 34 of I.P.C. The revision petitioners, who were arrayed as accused Nos.3 and 4, in Ext.P1 were found not involved in the case and, accordingly, they were excluded from the final report.

(2.) The learned Judicial First Class Magistrate Court, Kayamkulam took cognizances of the offences punishable under Sections 323 and 341 read with Section 34 of I.P.C against the accused 1 and 2 and issued summons to them. On the appearance of the accused Nos.1 and 2, copies of records relied on by the prosecution were served to them. Particulars of the offence were read over to which the accused Nos.1 and 2 pleaded not guilty.

(3.) When the case came up for evidence on the prosecution side, the learned Assistant Public Prosecutor examined PW1 in chief on 08.11.2006. However, cross examination was adjourned for the reasons better known to the learned Magistrate. Thereafter, PW2 was also examined in chief and his cross examination was also deferred. On 08.11.2006, the learned Magistrate passed a cryptic order stating that from the evidence of PW1 and PW2, two other persons namely Sri. Santhosh and Sri. Satheesh were also involved in the occurrence and hence they were impleaded as additional accused Nos.3 and 4 invoking the powers under Section 319 of Cr.P.C.