STATE OF KERALA Vs. RAJENDRAN AND ORS

JUDGEMENT

(1.) This appeal, at the instance of the State is directed against the judgment dated 16.11.2002 in C.C.No.367/97 of the court of Judicial First Class Magistrate-III, Neyyattinkara, since the learned Magistrate acquitted the accused 7 in numbers, who faced the prosecution for the offences punishable under Sections 143, 147, 148, 451, 323, 324 r/w 149 of IPC.

(2.) The case of the prosecution is that on 5.7.1996 at about 8 a.m., the accused 7 in numbers formed themselves into an unlawful assembly and in prosecution of their common object committed house trespass by entering into the verandah of Kollamkonam Parayil Puthen Veedu belonging to PW1 and others after having preparation to cause hurt to Pws.1 and 2 and thereafter the 1st accused slapped at the left cheek of PW1 and the 2nd accused fisted PW1 at her chest thrice and that in the mean time, the 3rd accused fisted PW1 twice at her chest and the 4th accused kicked at her abdomen and that when PW2 intervened in the matter, the 5th accused with a granite stone held by him struck at her left elbow and that in the mean time, the 6th accused fisted PW2 at her chest and 7th accused struck at the left side of her head with a stick and thereby caused injuries and pain at the respective parts of the body of Pws.1 and 2 and thus the accused have committed the offences punishable under Sections 143, 147, 148, 451, 323, 324 r/w 149 of IPC.

(3.) With the above allegation, PW1 preferred Ext.P1 private complaint, which on receiving from the court, in the Vellarada Police Station under section 156(3) of Cr.P.C., registered Crime No.292/96 in the Vellarada Police Station and on completing the investigation, a report was filed in the trial court, based upon which, cognizance was taken and instituted C.C.No.367/97.