SANTHA KUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these revision petitions filed against the acquittal arise out of a case and counter case.

(2.) One Mrs. Santhakumari is the accused in C.C.NO.461/2004 on the files of the Judicial First Class Magistrate Court, Alathur. The de-facto complainant in the said case is one Mrs. Kumari. The said Kumari is the accused in C.C.No.270/2003 on the files of the Judicial First Class Magistrate Court, Alathur and the de-facto complainant therein is Shanthakumari who is the accused in C.C.No.461/2004. The offences alleged in C.C.No.461/2004 are under Sections 341, 323 and 355 of IPC. The offences alleged in C.C.NO.270/2003 are under Sections 447, 341 and 326 of IPC.

(3.) The prosecution allegation in C.C.No.461/2004 is that on 29.12.2008 at 7 am the accused therein wrongfully restrained the de-facto complainant and voluntarily caused hurt to her by beating with hands and a broom. The prosecution allegation in C.C.No.270/2003 is that on 27.12.02 at 7.30 am the accused trespassed into the residential compound of the de-facto complainant and wrongfully restrained and voluntarily caused grievous hurt to her by beating with an iron pipe.