EAPPEN S/O VARGHESE Vs. CHACKO

JUDGEMENT

(1.) In CC No. 49 of 2000 on the file of the Chief Judicial Magistrate Court, Alappuzha the first respondent was tried for the offence under Section 326 of the Indian Penal Code. The allegation was that on 04.12.1998 at about 7 in the morning, when the former was returning home after selling milk, the latter assaulted him with a stake on the road near their house. The appellant sustained injuries including fracture of a bone of the right hand. The trial ended in acquittal. The order of acquittal is challenged in this appeal.

(2.) Heard the learned counsel for the appellant and the first respondent.

(3.) This case originated by a complaint filed by the appellant in the trial court on or about 02.08.1999. The first respondent is his elder brother. There was a property dispute between them. At about 10.45 am on 04.12.1998, the appellant was examined by a doctor at Medical College Hospital, Alappuzha. The doctor noted the following injuries: