R SRINIVASAN ALIAS RAMASAMY Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of acquittal dated 12. 03. 2003, made in S. T. C. No. 627 of 2002 on the file of the judicial Magistrate, Kangayam, Erode District.

(2.) THE brief facts of the prosecution case is as follows: On 24. 01. 2001, at about 2. 00 p. m. when the petitioner was standing at the Kangayam weekly market before a butcher shop, the accused 1 to 3 and some unidentified persons came to that place and attacked PW1 by hands and legs due to previous enmity between the P. W. 1 and the first accused. Hence, the first respondent has filed a charge sheet against the accused 1 to 3 for the offences under Sections 341 and 323 of I. P. C.

(3.) PER Contra, the learned counsel for the respondents 2 to 4 would contend that even the prosecution witnesses 2 to 5 do not disclose that they were attacked by the respondents 2 to 4, who were the accused in this case. According to PW1, some other persons engaged by the respondents 2 to 4/accused, had attacked them, but the persons said to have attacked PW1, were not arrayed as accused in this case, for the reasons best known to the prosecution.