MATHU PAILY Vs. STATE OF KERALA

JUDGEMENT

(1.) CRI. R. P. 273/60 is filed by the 2nd accused challenging his conviction under Section 324 IPC, and sentence of rigorous imprisonment for two months awarded to him by the Addl. First Class Magistrate of Ernakulam confirmed by the learned Sessions Judge in Criminal Appeal No. 28 of 1080. Cri. R. P. 420/60 is by P. W. 1 and 4 who are the injured in the case against the acquittal of the 1st accused Under Section 326 I. P. C. and convicting him only under Section 324 326 i. P. C. and releasing him under the Probation of Offenders Act. Notice was also issued by this Court to show cause why the sentence on the 1st accused should not be enhanced.

(2.) THE third accused in the case was acquitted. She is the wife of the 2nd accused and the first accused is their son. They are related to P. W. 1 and are neighbouring cultivators. For some time past there were disputes and litigation regarding the varamba separating their properties. On 18. 10. 58 it is stated the accused dug up the bund and planted some arecanut saplings. This was removed by the complainant's people. On the next day the accused again planted arecanut plants and erected. Offence. P. W. 1 informed his brother P. W. 4 and together they proceeded to the scene at about 5 p. m.

(3.) WHEN they reached the place they saw His accused standing in their property. P. W. 1 asked the third accused why they were troubling dim like that. The 3rd accused said that they were not troubling and immediately the 2nd accused beat P. W. 1 on the head with a stick M. O. 1 which he had with him. Then the 2nd accused caught him with both the hands and handed the stick to his wife. She also heat him with the stick. When P. W 1 was about to fall down their son the 1st accused came running and stabbed him On his back several times. P. W. 4 tried to intervene and then the 1st accused cut him also. He warded off the cut and got injured in his arm. The 2nd accused santched the stick from the third accused and beat Pw-4.