LAWS(KER)-2012-12-176

NYSAL Vs. STATE OF KERALA

Decided On December 20, 2012
Nysal Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioners are the accused in Sessions Case No.123/2011 before the Assistant Sessions Court, Perumbavoor. They were prosecuted for offences punishable under Sections 341 and 324 read with Section 34 of the Indian Penal Code.

(2.) THE facts leading to the prosecution are narrated in paragraph 2 of the judgment of the Assistant Sessions Judge thus:

(3.) THE primary contention of the petitioners is regarding the acceptability of the evidence adduced by the prosecution. According to the petitioners, the prosecution case has been falsely foisted on the petitioners on account of the previous enmity of PW1 with them. They rely on Ext.D1 wound certificate of the 1st petitioner, proved through DW1, who is a doctor of the Taluk Hospital, Kothamangalam. The wound certificate proves some injury to the 1st petitioner in his throat. The petitioners contend that that injury was inflicted by PW1, in respect of which, there was a criminal case and the 1st petitioner refused to withdraw the criminal case, which resulted in the enmity of PW1, as a consequence of which, a false case has been foisted against the petitioners. They rely on certain discrepancies in the evidence of the witnesses in support of their contentions.