In this appeal filed under Section 378(3) Cr.P.C, the complainant in C.C.No.384 of 1995 on the file of the J.F.C.M.-I, Kozhikode challenges the judgment dated 29.9.2001 passed by that court acquitting the 7 accused persons of offences punishable under Sections 143,147,148,341,323,324 and 326 read with 149 IPC.

2. In the private complaint filed by the appellant before the court below, he had prosecuted 8 accused persons all of whom are Police officers for the aforementioned offences.

3. The case of the complainant can be summarised as follows:-

The complainant is a member of a students' organisation by name Students Federation of India (S.F.I. for short). During the year 1994, the SFI had taken a decision to protest against the wrong Education Policy adopted by the then Government in power by organising protest meetings and demonstrations throughout the State. As part of their resolution, the complainant along with his friends had decided to stage a demonstration in protest against the Education Minister and show black flags on 18-11-1994 when Sri.

E.T. Mohammed Basheer, the Education Minister would come to inaugurate a seminar against narcotics in the Medical College auditorium at Kozhikode. Accordingly, the complainant and his friends took position in front of the main gate of the Medical College much before the arrival of the Minister. A full contingent of about 150 policemen armed with lathis under the leadership of the Ist accused (Bhaskara Kurup), Assistant Commissioner of Police, Kozhikode were already stationed near the main gate. At about 5.15 p.m. when the car carrying the Education Minister came in front of the gate, the complainant and his friends shouted slogans against the Minister and flaunted the black flags in their hands in a peaceful and disciplined manner. At that time, A1 (Bhaskara Kurup) who was the Assistant Commissioner of Police, Kozhikode in charge of the area gave a command to his subordinate Police Officers (who are accused Nos. 2 to 8) to thrash the complainant and others by exhorting them to flog every one of them and set them right. (" "). The accused persons had formed an unlawful assembly in furtherance of their common object of causing grievous hurt to the complainant and others. Obeying the orders of A1, the rest of the accused officers mercilessly beat the complainant and other SFI students with lathis and kicked them. Even though the injured students as well as the on lookers had implored to the accused police officers to stop beating the protestors, the unrelenting policemen continued their beatings resulting in the complainant, his friends K.P. Prakashan, Ikkmath, Suresh, Azad, Haneefa etc. sustaining grave injuries. After beating the S.F.I. students black and blue, they were thrown into the police van. All the accused officers also got into the van. While inside the van A3 assaulted Suresh with a stick and A1 tortured Azad and Musafar Ahmed by beating and poking with a stick. They were then taken in the van to the police station. After reaching the Police Station, they were detained in the Police Station for about 45 minutes. The injured SFI workers were then taken to the Medical College Hospital for treatment. They were admitted there. The complainant has sustained a grievous hurt to his right eye. The complainant and his companions were beaten up and subjected to corporal torture without any provocation whatsoever. The accused have thereby committed offences punishable under Sections 143,148,323,324 and 326 read with 149 IPC. It is understood that in order to escape from their vandalism, a false case has been registered by the police against the complainant and his comrades.

4. After recording the sworn statement of the complainant and his witnesses, the learned Magistrate (J.F.C.M-I, Kozhikode) took cognizance of the offences against all the 8 accused persons. Upon receipt of summons all the 8 accused persons appeared before the Magistrate. The 1st accused namely Bhaskara Kur