P.O.THOMAS Vs. M.N.JAYAPRAKASH

JUDGEMENT

(1.) THE complainant,in a prosecution for the offences punishable under sections 109,182,352,342 and 323 of the Indian Penal code,is the appellant herein,as he is aggrieved by the order of acquittal passed by the Court below under section 255(1)Cr.P.C.

(2.) THE case of the appellant/complainant is that during the year 1995,he was the Member of Kadapra Panchayat representing Ward No.V.First accused was the Circle Inspector of Police,and 3rd accused was the Addl.Sub Inspector of Police,4th accused was a Head constable and 5th and 6th accused were Police Constables attached to the office of the C.I.of Police,Thiruvalla.2nd accused was a resident of Ward No.V of which the complainant/appellant representing.According to the complainant,there was a byelane called Koottampallil padi - Mangattu padi in Ward No.V of Kadapra Panchayat.2nd accused was having her residential plot abutting the western margin of the bylane.As per the allegation,2nd accused attempted to construct permanent granite wall for the eastern boundary of her plot by encroaching about 2.5 ft.width into the bylane,as a result of which a dispute arose between the beneficiaries of that bylane and 2nd accused.Consequently,2nd accused moved the civil court by filing O.S.No.521/90 before the Munsiff court,Thiruvalla,which was decreed.Against the above judgment and decree,appeal was preferred as A.S.No.25/95 before the Sub court,Thiruvalla.In the meantime,Kadapra Panchayat had taken over the bylane as per its resolution dated 28.11.98.According to the allegation,under the above circumstances,2nd accused sought interference of Ist accused and upon influence and instigation of 2nd accused,Ist accused interfered with the matter.Thus on 12.5.95,a conciliation meeting was held by Ist accused in his office to which the complainant,President of Kadapra Panchayat and representatives of the beneficiaries of bylane were summoned.It is the further case of the complainant that,in that meeting,all the persons were compelled to accept the following decisions:( i)to tie up a coir wire from south -east side to the boundary stone at the north east side of the property of A2 and allow her to dig up a foundation pit behind the coir wire without encroaching into the bylane for the construction of a pucca granite wall.( ii)to tie up a coir wire in the presence of following members namely,( 1)P.J.Thomas,Panchayat President,Kadapra,( 2)Mr.M.N.Jayaprakash,( A1 );( 3)Mr.P.O.Thomas(Complainant ).

(3.) AGAIN at about 11.20 a.m.on 16.5.95,he went to the police station and then also,according to the complainant,he saw 2nd accused occupying the chair of Addl.Sub Inspector and accused 3,4 and 5 standing by her side.It is his further case that on seeing the complainant,4th accused went to the room of Ist accused to inform about the arrival of the complainant and then 4th accused came out of the room of Ist accused with instruction that complainant should sit on a bench in the rear room of the office,and accordingly,he sat there.Then,according to the complainant,while he was sitting there,Ist accused disposed of all the people in a hurry -burry manner and when all the people were disposed of,complainant was called into the room of Ist accused.It is also the case of the complainant that immediately after he entered the room,one of the police constables pulled the curtain of the door so as to obstruct the view from out side.According to the complainant,on seeing him,Ist accused stood up from his chair and shouted against him by using obscene words.It is his further case that by saying obscene words,Ist accused approached him and he got frightened at the unexpected move of Ist accused.Apprehending danger,the complainant tuned back and walked towards the door.But in the meantime,Ist accused caught hold on the neck of the complainant so as to prevent him from moving out of the room and then forcibly fisted with right hand on the left side of his head and he tumbled towards the door.The complainant placed his left hand on the wall near the door so as to avoid his fall.It is averred that,suddenly Ist accused struck at that hand and again forcibly fisted at the same side of his head and consequently he lost consciousness and fell down.According to the complainant,when he regained consciousness,he was at Pushpagiri Hospital,Thiruvalla,where he had undergone treatment as inpatient from 16.5.95 to 22.5.95.