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1996 Supreme(Ker) 527

NELAVOY DHINAKAR
P. Mammadkutty – Appellant
Versus
State – Respondent


ORDER

N. Dhinakar, J.

1. Petitioners are A1, A2 and A5 in C.C. No. 24/88 which was instituted on a police report against the petitioners and respondents 2 to 4 in this revision. Petitioners as well as respondents 2 to 4 were tried before the learned Magistrate for offences under S.326, 143, 147, 148, 447 and 323 read with S.149 IPC on an allegation that the petitioners along with respondents 2 to 4 formed themselves into an unlawful assembly on 12-10-1987 and with a common object trespassed into the property for tilling operation and when P.W. 1 came to the scene on hearing about the incident, was caught hold of by his neck and pushed down by the first petitioner and that thereafter the 2nd petitioner and respondents 2 to 4 beat P.W. 1 with the handle of a spade and with sticks. P. W.2 the wife of P. W. 1 when came to the scene on hearing the commotion was also beaten by the petitioners as well as respondents 2 to 4 as a result of which both P. Ws. 1 and 2 sustained simple and grievous injuries. They were then taken to the District Hospital, Manjeri where they were treated and on an intimation from the hospital Police reached the hospital and a statement was recorded, upon which a c




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