1. In relation to an incident that took place at 6 a. m. on 13-11-1976 there was a police report and a private complaint filed by pw.1 who is the appellant and revision petitioner. The allegation is that while carrying milk to the tea shop of pw. 2 pw.1 was attacked with spade handles on the way on account of previous enmity resulting in serious injuries. In the private complaint which was C. C. 250 of 1977 on the file of the Additional Judicial First Class Magistrate, Palghat there were three accused. Accused 1 and 2 are brothers and third accused is their father. In the police charge which was C. C. 81 of 1977 of the same court there was only one accused who is the first accused in C. C. 250. C. C. 81 of 1977 was charge-sheeted for an offence punishable under S.326, of the Indian Penal Code and the private complaint was for offences punishable under S.447,324 and 506(2) read with S.34 of the Indian Penal Code. On the report of the A. P. P. under S.319 of the Code of Criminal Procedure C. C. No. 250 was clubbed with C.C. No. 81 and tried as a single case for an offence under S.326 of the Indian Penal Code against the three accused as if it was on a police report. After