VEERAMANI Vs. GOVINDAN

JUDGEMENT

(1.) ONE of the victims who has been examined as P. W. 1 before the trial court has come forward with this revision canvassing the judgment of acquittal passed by the learned trial Magistrate, namely Judicial II Class magistrate, Orathanad , made in C. C. No. 249 of 1987 dated 1. 11. 1988 acquitting all the four accused who are respondents 1 to 4 herein, of the charges made against them under Secs. 324, 325 and 323 of the indian Penal Code.

(2.) THE brief facts of the prosecution case are as follows: P. W. 1, a resident of North Street in Serumangala m village, claimed that at about 10 a. m. on 16. 8. 1987 when he along with P. Ws. 2 and 3 manuring their crops in the field, third accused was driving a cart nearby his land and P. W. 1 told him that while driving the cart not to cause damage to the crops. When P. Ws. 1 along withp. Ws. 2 and 3 was returning through their carts, accused 1 to 4 near the coconut grove of Marudayyan intercepted them and picked up quarrels. While doing so, P. W. 1 was dragged to the ground by the first accused and was attacked with a spade on the back of his head and accused 2 and 3 beat him with sticks and so also 4th accused. Likewise, second accused also indulged in beating Ponnayyan , P. W. 3 with sticks and thereby cause a fracture on his right hand.

(3.) IF the attitude adopted by the police in the instant case is allowed to continue, then courts cannot function effectively and discharge their duties as contemplated by law, and the rule of law would be totally ruined. The concerned police officer must necessarily be hauled up in accordance with law and procedure. Suitable remedies are to be provided at least to avoid recurrence of the same with a view to safeguard the fundamental rights enshrined in the Constitution to every citizen of this country. Otherwise, everyone in this country would necessarily lose their faith not only in judiciary, but also in the Government and administration.