STATE OF KERALA Vs. JEFFY, S/O. JOSEPH

JUDGEMENT

(1.) THIS appeal is at the instance of the State of Kerala directed against the judgment dated 9.12.2005 in C.C.No.25 of 2001 of the court of Judicial First Class Magistrate-North Paravur, by which the learned Magistrate acquitted the accused, under section 248(1) of Cr.P.C., who faced the prosecution for the offences punishable under section 323, 326, 341 r/w 34 of IPC.

(2.) THE prosecution case is that, due to the previous enmity towards PW2, the accused on 31.1.2000 at 8.30 p.m. attacked Pws.1 and 2 at the junction, 200 metres away from FACT High School in Eloor village. It is the further case of the prosecution that when PW1, the wife of PW2, tried to prevent the overtact of the accused, A2 fisted and pushed her down. According to the prosecution, Pws.1 and 2 sustained injuries and thereby the accused has committed the aforesaid offences.

(3.) I have heard Adv.S.Hyma learned Public Prosecutor for the State. There is no representation for the respondents/accused.