JOJI JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are at the instance of the complainant in C.C.No.209 of 1997 on the files of the Judicial Magistrate of the First Class-II (Mobile), Kottayam. The learned Magistrate convicted accused Nos.1 to 4 for the offence under Ss. 452, 341 and 323 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). Accused Nos.1 and 4 preferred Crl.Appeal No.472 of 2003, accused No.2 preferred Crl.Appeal No.473 of 2003 and accused No.3 preferred Crl.Appeal 474 of 2003 before the Additional Sessions Court (Adhoc)-II, Kottayam. The appellate court as per the common judgment dtd. 17/9/2010 allowed the appeals and acquitted all the accused. Correctness and legality of the said judgment are under challenge in these appeals filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 (Code).

(2.) Parties are referred to as they are positioned before the trial court.

(3.) The alleged incident occurred at 7.00 p.m. on 3/9/1996. The complainant alleged that while he was sitting in his house talking with his brother and a neighbour, accused Nos.1 to 3 and an unidentified police constable came there in a jeep and tried to take into custody the complainant. His wife requested not to arrest him and children interrupted the arrest. They were manhandled by the accused and the complainant was taken forcibly into the jeep. While taking to the jeep the 1st accused slapped the complainant on his left face thrice and on the way to the police station, he was physically tortured by others in the jeep. Only at 9.30 p.m. he was released. The accused thereby committed the aforementioned offences.