MUHAMMADALI Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Nos. 1 and 3 in C.C.No.471/1995 on the file of the Judicial First Class Magistrate Court, Kunnamangalam are the revision petitioners herein. They along with second accused was charge sheeted by the Sub Inspector of Police, Kunnamangalam police station in Crime No.102/1995 of that police station under Sections 323, 324, 325 and 326 read with Section 34 of Indian Penal Code.

(2.) THE case of the prosecution in nutshell was that on 04.10.1995 at about 5.p.m., all the accused in furtherance of their common intention to cause hurt to CW1 and others voluntarily caused hurt to CW1 to CW4 by beating with hands and kicking and first accused stabbed CW1 with a dagger on his back, left ribs of CW2 and back of CW3 and causing grievous hurt to CW2 and simple hurt to CW1 and 3 and third accused caused hurt to CW4 by biting on her left little finger and broken her little finger and thereby, all of them have committed the above said offences. After investigation, final report was filed and it was taken on file as C.C.No.471/1995 on the file of the Judicial First Class Magistrate Court, Kunnamangalam.

(3.) WHEN the accused including the revision petitioners appeared before the court below, after hearing both sides, charge under Sections 323, 324, 325 and 326 read with Section 34 of Indian Penal Code was framed against them and the same was read over and explained to them and they pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 14 were examined and Exts. P1 to P12 and MO1 to MO4 were marked on the side of the prosecution. After closure of the prosecution evidence, the accused were questioned under Section 313 of Code of Criminal Procedure and they denied all the incriminating circumstances brought against them in the prosecution evidence. They had further stated that there was some matrimonial dispute between PW12, the sister of first accused and her husband who is the brother of PWs 1 and 3 and son of PWs 2 and 4 and when they asked about the same, there was some scuffle occurred between them and in fact, they were attacked by PWs 1 to 4 and in the scuffle, all of them sustained injuries and influencing the police, false case has been registered against them. In order to prove their case, they filed an application to summon the wound certificate of the first accused, but, it was not produced and Ext.C1 letter was sent stating that it was not traceable and though DW1 was examined to prove a photostat copy of the wound certificate of first accused, that was not permitted by the court below as it was a photostat copy though it was admitted by DW1 that it was issued by Dr. Dileep who issued Ext.P5 to P8 wound certificates as well.