BIJU Vs. AYYAPPAN

JUDGEMENT

(1.) The revision petitioner, who was the 1 st accused in C.C.No.1160 of 2005 on the files of the Judicial First Class Magistrate Court, Perumbavoor (for short, 'the trial court'), challenges his conviction and sentence under Ss. 323,324 and 326 of the IPC.

(2.) The above calendar case arose from a private complaint preferred by the 1st respondent herein before the trial court against the petitioner and four others. The incident pertaining to the private complaint took place on 4/2/1988 at 6.30 p.m. in front of the courtyard of the building where the complainant and the accused were residing. Initially the Ayyampuzha police registered crime in respect of the said incident against five persons including the petitioner herein alleging offences punishable under Ss. 323, 324, 326 and 307 read with Sec. 34 I.P.C. After investigation, final report was filed against three persons, the petitioner herein and two others for the offences under Ss. 323, 324, 326 and 307 read with Sec. 34 I.P.C. Later on the trial court took cognizance of the offences under Ss. 323, 324 and 326 read with Sec. 34 I.P.C and numbered the case as C.C.No. 1161/05.

(3.) The 1st respondent also preferred a private complaint in respect of the very same incident before the trial court against the petitioners and four others against whom the police initially registered the FIR alleging the offences punishable under Ss. 323, 324, 326 and 307 read with Sec. 34 I.P.C. The allegations in the private complaint against the petitioner/1 st accused and the remaining four accused are as follows: