K A ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is against the orders of the Asst. Sessions Judge, Kasaragod, allowing the prosecution to withdraw the sessions case No. 48 of 1990 under S.321 Cr.P.C. The petition is filed by the victim, charge witness 2, in the case.

(2.) The case of the prosecution is, that, on 16-6-1989 at about 1.15 p.m. respondents 2 to 5 who arc the accused in the above said sessions case, with the common intention of attacking and inflicting injuries on the petitioner wrongfully restrained him and inflicted indiscriminate stab injuries. The petitioner was immediately taken to the Government Hospital, Kasaragod, from where he was referred to Wenlock Hospital, Mangalore. The petitioner was actually taken to the Unity Health Complex, Mangalore, by his relatives and that the injury suffered by the petitioner on the left side of the chest was a serious one. An X-ray of the chest had shown that there were injuries to the lungs on account of which there was no breathing sound on the left side. According to the doctor of Unity Health Complex, Mangalore, the injuries sustained by the petitioner to his 1ungs were deep enough and the petitioner would not have survived, but for the immediate medical treatment given to him.

(3.) Before the trial commenced, the public prosecutor filed a petition under S.321 Cr.P.C. on 7-4-1992 before the Sessions Court for the withdrawal of the above said Sessions Case No.48 of 1990. The petition filed by the public prosecutor reads as follows: