OUSEPH YAKOB Vs. JOSE

JUDGEMENT

(1.) This petition is for setting aside the acquittal of the 14 respondents under S.494(b) of the Criminal P.C. consequent on the Public Prosecutor withdrawing from the prosecution with leave of the Court. The petitioner is the first informant in the case and one of the two victims of the alleged offences.

(2.) The charge sheet in the case was laid by the Sub-Inspector of Police, Irinjalakuda, on 8-4-57 and it charged the 14 accused persons (the present respondents) with offences under S.143, 147, 447, 341, 323 and 325 read with S.149 of the Indian Penal Code. It alleged that the 14 accused persons had, of set purpose, gathered in a body near the petitioners shop at about 8 P.M. on 13-3-57 and, after shouting threats, trespassed into the shop and dragged out and beaten and fisted the petitioner and his brother, causing injuries to both and breaking a rib of the latter. It further alleged that the accused did this because the petitioner and his brother had worked for the Congress candidate in the general election to the State Assembly from the Irinjalakuda constituency. The accused persons had worked for the Communist candidate who had emerged victorious, and the accused wanted to teach the petitioner and his brother a lesson for having worked against their party.

(3.) The case was tried by the Second Class Magistrate, Irinjalakuda, in C. C. 618 of 1957. He framed charges and, after examining 19 witnesses for the prosecution and one witness for the defence, posted the ease for arguments to 25-2-1958. On 13-2-1958 the Assistant Public Prosecutor, who was in charge of the prosecution, made an application for permission to withdraw from the case. When the case came on for hearing on the 25th, the learned Magistrate made an order allowing the application for withdrawal and as a consequence thereof, acquitting the accused.