PRAMOD Vs. NARAYANA PILLAI AND OTHERS

JUDGEMENT

(1.) Complainant in CC No.1199/98 on file the Judicial First Class Magistrate's Court-1 is the appellant herein. The case was originated on the basis of a private complaint filed by the appellant against three accused persons including respondents 1 and 2 alleging offences under Sections 341, 323, 379 read with Section 34 of Indian Penal Code (hereinafter referred to as the Code).

(2.) The case of the complainant in nutshell was that the accused was an autorikshaw driver, on 25.3.1998 he had a trip to Thaikal from Cherthala and after completing the trip while he was standing there, the accused persons came and asked for a trip to Cherthala and they boarded the vehicle. When the vehicle reached near Cherthala Devi Temple, he stopped the vehicle near the offering box and the accused persons got down from the vehicle and proceeded with out paying the amount. When he demanded the amount, they told that since he was coming back, they need not pay the amount and on hearing this some of the autorikshaw drivers in the auto stand teased the 1st accused. So they came back and 1st accused caught hold of the shirt and pulled him from the autorikshaw, due to that he fell down. At that time the 2nd accused came and when he was about to get up 1st accused caught hold of his hair and pulled him and due to that process his dhoti fell down and an amount of Rs.180/-was also fallen down from his waist and that was taken away by the 3rd accused. On seeing the incident when people gathered there, all the accused persons left the place. Though he filed a complaint about the incident before the Cherthala Police Station, no action was taken . So he filed a complaint before the Judicial First Class Magistrate Court-1, Cherthala alleging the above offences against the accused persons.

(3.) After conducting enquiry under Section 202 of the Code, the learned Magistrate took cognizance of the case as CC No.1199/1998 against three accused persons including respondents 1 and 2 for the offences under Section 341, 323, 379 read with Section 34 of the Code. The process was issued to the accused persons and after examination of the complainant and his witnesses, charge was framed under Sections 341,323, 379 read with Section 34 of the Code. This was read over to the appearing accused namely respondents 1 and 2 herein, who were accused Nos.1 and 2 in the lower court . They denied the charge, thereafter the witnesses were again recalled and cross examined. After closure of the complainants evidence, accused were questioned under Section 313 of the Code (accused Nos. 1 and 2 only faced trial as accused No.3 absconded during the course of trial), they denied all the incriminating circumstances brought against them in the prosecution evidence. They further stated that they were falsely implicated in the case. After considering the evidence on record, the court below found that the complainant had failed to prove the case against the accused Nos.1 and 2 and acquitted them of the charges levelled against them giving them the benefit out of it under Section 248(1) of the Code. Aggrieved by the same, the present appeal has been filed by the appellant/complainant in the lower court with leave petition as Crl.LP No.340/2004 which was allowed and leave granted and the appeal was also admitted.