VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner filed a complaint before the Judicial First Class Magistrate Court - II, Attingal and the allegation made therein is that there is an ancient pathway having a width of 1 1/2 metres passing along the northern side of accuseds' property and recently the local people and the panchayat attempted to widen the width of that pathway. That attempt was obstructed by the accused persons. The accused persons entertained suspicion that it was at the instance of the complainant and her husband the Panchayat and the local people made attempt to widen the pathway and they were on bitter inimical terms with her and her family members. On 28-1-2000 while she (petitioner) was returning after viewing Television at about 8.40 p.m. ie when she reached the boundary separating her property from accuseds' property 1st accused wrongfully restrained her asking her "\n\¡v tdmUv thtWmSo" and she was attacked with the handle of a spade. She was beaten with the handle of a spade on her shoulder and chest. On receiving the beating she fell down and the 2nd accused caught hold of her tuft of hair and snatched away the gold chain (weighed 1 1/2 sovereigns) worn by her. She cried aloud and on hearing her outcry her husband rushed to the spot. On seeing her husband the accused persons fled away.

(2.) Sworn statement of the complainant was taken by the learned Magistrate and in support of her case the complainant examined her husband as a witness. She also got examined on her side the doctor who examined her and marked Ext. P1 injury certificate. It is evident from the injury certificate produced that the complainant sustained the injuries noted therein on the alleged date of occurrence of the incident.

(3.) The question that is to be considered is whether the order impugned dismissing the complaint under S.203 Cr.P.C. is liable to be interfered with invoking the revisional jurisdiction of this court.