IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 214 of 1998()
1. V.BHASKARAN NAMBIAR
... Petitioner
Vs
1. V.BALAKRISHNAN NAMBIAR
... Respondent
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent :SRI.P.V.SURENDRANATH
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :01/03/2007
O R D E R
K.R. UDAYABHANU, J
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CRL. R.P. NO. 214 OF 1998
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Dated this the 1st day of March 2007
O R D E R
The revision petitioner is the complainant in C.C. No.230/96
with respect to the offences under sections 323, 324 r/w section
34 of the Indian Penal Code. The court below acquitted the the
accused after considering the evidence adduced in the matter
which consisted of the testimony of PWs 1 to 9 and Exts. P1 to
P4. The allegation is that on 20.09.1994 at about 8.15 am the
accused were found encroaching into the property of the sister of
CW1, the complainant and when obstructed, was attacked and
inflicted injuries on the defacto complainant and CW2. The direct
evidence is the testimony of PW1 alone. It is admitted by the
Investigating Officer that the incident occurred on account of a
boundary dispute. There was also a counter case with respect to
the same incident. The weapons of the offence were not
recovered. It was also found that only very minor injuries were
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sustained by PW1. It was found that the injury sustained by the
witnesses in the counter case is more serious than the injuries
sustained by the petitioner. On appreciation of the evidence
adduced in the matter, the court below found that the
prosecution has failed to establish the charge.
2. On a consideration of the evidence adduced in the
matter I find that on the solitary evidence of PW1 alone, it is not
possible to enter a finding as to who was the real aggressor. In
the circumstances, I find no reason to interfere in the findings of
the court below.
The Crl.R.P is dismissed accordingly.
K.R. UDAYABHANU, JUDGE.
RV
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