Balachandran Nair vs Sreeni P.Raju
2023 Latest Caselaw 5288 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
         MONDAY, THE 24TH DAY OF APRIL 2023 / 4TH VAISAKHA, 1945
                      CRL.REV.PET NO. 333 OF 2004
   AGAINST THE ORDER/JUDGMENT IN CC 317/2000 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT-I, PATHANAMTHITTA
REVISION PETITIONER/DEFACTO COMPLAINANT:

            BALACHANDRAN NAIR, S/O KRISHNAN NAIR,
            IYYAKKATTU VEEDU, VII WARD, KADAMMANITTA MURI, NERANGANAM
            VILLAGE, PATHANAMTHITTA.

            BY ADV SRI.S.JAYAPRAKASH


RESPONDENTS/ACCUSED AND COMPLAINANT:

     1      SREENI P.RAJU, S/O RAJASEKHARAN NAIR
            CHIRAIL VEEDU, KADAMMANITTA MURI,, NARANGANAM VILLAGE,
            PATHANAMTHITTA.
     2      ANILKUMAR, S/O SIVAN, CHIRAYIL VEEDU
            KADAMMANITTA MURI, NARANGANAM VILLAGE,, PATHANAMTHITTA.
     3      P.C. BALAKRISHNAN NAIR
            S/O. VASUDEVA PANICKER, CHARIVUPURAYIDATHIL, VEEDU,
            KADAMMANITTA MURI, NARANGANAM VILLAGE,, PATHANAMTHITTA.
     4      RAJASEKHARAN NAIR, S/O SIVARAMA PILLAI
            CHIRAYATTATHU VEEDU, KADAMMANITTA MURI, NARANGANAM VILLAGE,
            PATHANAMTHITTA.
     5      PONNAMMA, D/O. RAJASEKHARAN NAIR
            CHIRAYATTATHU VEEDU, KADAMMANITTA MURI, NARANGANAM VILLAGE,
            PATHANAMTHITTA DIST.
     6      RUGMINI, D/O. LAKSHMIYAMMA
            CHIRAYATTATHU VEEDU, KADAMMANITTA MURI, NARANGANAM VILLAGE,
            PATHANAMTHITTA.
     7      STATE OF KERALA REPRESENTED BY
            THE PUBLIC PROSECUTOR, ERNAKULAM.

            BY ADV SRI.S.MUHAMMED HANEEFF
            SRI.SANAL.P.RAJ, PP


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
24.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 333 OF 2004

                                2



                              ORDER

This revision petition was filed by the defacto complainant

in Crime No.69/2000 registered by the Sub Inspector of Police,

Aranmula. The offences alleged against the accused are under

Sections 323, 324 r/w 34 of the Indian Penal Code. The trial

court acquitted the accused on finding that accused are not

guilty of the offences alleged. There are case and counter case.

The incident alleged to by the accused was first registered on

23.02.2000 at 5.00 p.m as Crime No.68/2000. Thereafter, the

defacto complainant reported the crime and police registered

the case. The trial court found that there was no evidence to

show that who are the aggressor and considering all these

aspects, the accused were given benefit of doubt with regard to

the offences alleged against them. Both cases resulted in

acquittal. It was not discernible from the evidence adduced by

the trial court who was the aggressor. The case and counter

case would establish that there is nothing on record to show that CRL.REV.PET NO. 333 OF 2004

who was the aggressor.

In such circumstances, I find no reason to interfere with the

impugned order. Revision stands dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE mpm