JAMSHEER S/O RAYINKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioners herein are the accused Nos.1 to 4 in C.P. No.19/2012 on the files of the Judicial First Class Magistrate's Court -I, Manjeri. The above case was registered against the revision petitioners alleging offences punishable under Sections 323, 324, 326, 506(ii) r/w Section 34 IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1984. The allegation against the revision petitioners is that on 23.8.2009 at 8 p.m., all the accused formed themselves into an unlawful assembly and assaulted the de facto complainant, who belonged to Scheduled Caste community. The charge sheet is filed and the committal proceedings were pending before the learned Magistrate. At that point of time, the learned Assistant Public Prosecutor filed CMP. No.3010/2013 under Section 321 of the Cr.P.C. seeking consent of the Court for withdrawing the prosecution against the petitioners on the ground that on the facts and circumstances of the case, the APP has genuinely convinced that it is just and proper and for maintaining communal harmony in the locality the case has to be withdrawn. The learned Magistrate issued notice to the de facto complainant and they appeared and filed a strong objection against withdrawal of the prosecution. After considering the rival contentions, the learned Magistrate dismissed the above application by the impugned order under challenge. The legality and propriety in the findings by the learned Magistrate, who dismissed the application, are under challenge in this Revision Petition.

(2.) THERE are four accused persons in the case. A1 and A3 entered appearance on summons. They were granted bails. Copies of relevant prosecution records were furnished to them. Subsequently, A3 jumped bail and now he is absconding. A2 and A4 are also absconding. After splitting up the case against A2 to A4, when the case against A1 was taken for committal, the learned APP filed this petition.

(3.) THE prosecution case, in brief, is that C.W.1 and the accused were in inimical terms due to some property dispute. On 23.10.2009 at about 8 p.m. while C.W.1 was returning to his house from the workplace, the accused called his caste name with intent to humiliate him before the public and attacked him with dangerous weapons. A1 and A2 beat him with a stick and thereby caused fracture on his left leg. A3 and A4 put blows on the face of C.W.1 and thereby broke a tooth on the front jaw and the accused caused other injuries on his body. It is further alleged that the accused had criminally intimidated C.W.1 to cause death. Thus the accused are alleged to have committed the above said offences.