MADHAVAN NAIR Vs. SANKARA PILLAI

JUDGEMENT

(1.) This is a revision petition filed by P. W. 1 in C. C. 6071 of 1965 on the file of the Sub-Magistrate's Court, Trivandrum-II. The two accused in the case were charged with offences under S.324 and 323 read with S.34 of the I. P. C. The accused were acquitted. The petition challenges the validity of the order.

(2.) In Chinnaswamy v. State of Andhra Predash AIR 1962 SC 1788 , the Supreme Court observed:

(3.) Mr. V. Nagappan Nair, appearing for the petitioner submitted that there is no finding as regards the possession of the disputed property or of the three coconut trees from which also the complainant wanted to crop the nuts on the day. His argument was that the finding of the court below that the accused had the right of private defence of property cannot be sustained without a finding as regards the possession of the property or of the trees in question at the material time. He argued that the evidence of P. Ws. 1, 2, 3 and 4 would show that the disputed property and the trees were in the possession of P. W. 2 and that there is no evidence to show that the property was in the possession of the accused.