K.N.UNNIKRISHNAN Vs. K.GIRIJA KUMARI

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 23/3/2007 in S.T.No.3771 of 2002 of the court of the Judicial First Class Magistrate Court, Perumbavoor, which is a case instituted upon a private complaint preferred by the appellant alleging offences under Section 499 and 500 read with Section 34 of IPC against the accused four in numbers, who are the respondents 1 to 4 in the above appeal.

(2.) THE case of the appellant/complainant is that the first accused in the above complaint gave a false statement to the Kuruppampady Police on 15/6/1999 alleging that, at about

(3.) AFTER taking cognizance for the said offences upon the above complaint and during the trial of S.T.No.3771 of 2002, PWs.1 to 5 were examined and produced Exts.P1 to P18. From the side of the defence DW.1 was examined and Exts.D1 and D2 were produced. The trial court finally concluded that the complainant has failed to prove the allegation in the complaint against the accused and available evidences on record are not sufficient to hold that the accused has committed the offence punishable under Section 499 of IPC and consequently all the accused are acquitted under Section 255(1) of Cr.P.C. for the offence punishable under Section 499 and 500 read with Section 34 of IPC. It is the above finding and order of acquittal that are challenged in this appeal.