JOJU.K.V. Vs. KUNJUMON

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal passed by the Chief Judicial Magistrate, Thrissur in C.C.No.270/2002, the complainant before the court below has come up in appeal. The case before the court below is as a result of a private complaint filed by the appellant herein as complainant, against respondents 2 to 5 herein as accused, alleging offences punishable under Sections 323, 341, 325 and 506 (ii) read with Section 34 of the Indian Penal Code.

(2.) According to the complainant, on 13.11.1996 at about 11 a.m. A3, who is one of the Directors of "Vahanayogam Chits and Motor Credits Pvt. Ltd." which is a private company, along with A1 and A2, who were police constables attached to the Thrissur Town East Police Station, appeared at the house of the the complainant and attempted to take the complainant to the Thrissur Town Police Station. Even though A1 had insisted the appellant to go along with them to the Police Station, he was not prepared to yield and he replied that he would appear at the Police Station with his lawyer. It is alleged that after exerting threat, A1 along with other police constables and A3 went away from there.

(3.) On the same day by about 4.30 p.m., while the complainant was engaged in a chat with his friend PW4 Antony at a place called Chelakottukkara, A1 and A2 police constables on a motorbike and A3 and A4 on another motorbike came over there and they engaged in a wordy altercation with the complainant. A2 made a telephone call to the Police Station from the nearby telephone booth. Immediately, a police jeep with three policemen came over there. A1 allegedly caught at the neck of the complainant and pushed him into the police jeep after slapping on his face and fisting on his chest. On the way to the Police Station, the complainant was allegedly beaten up and kicked all over his body by A1 and the other policemen in the jeep. A2, A3 and A4 followed the police jeep by the motorbikes.