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1999 Supreme(Mad) 1301

K.SADASIVAN
Annakutty – Appellant
Versus
Isaac – Respondent


Advocates:
E.P. Poulose, for Appellant.
K.M. Emmanuel, for Respondent.

Judgment.-

This is an appeal against acquittal. Accused 1 and 2 were tried under sections 323 and 114 Indian Penal Code, by the Additional First Class Magistrate, Moovattupuzha in S.T. No. 1026 of 1965 for causing injuries to one Annakutty by pelting stones at her. The first accused is the son of the second accused. First accused was engaged at about 1 p.m. on 29th August, 1965 in grazing his oxen near P.W. 1’s compound. The oxen destroyed the cultivation in her compound. She protested and asked him to take away the cattle from there. He refused, where upon she threw stones at the oxen to scare them away. One of the stones hit the bull. This provoked the first accused and he abused her in vulgar language and threw a stone at her. The stone struck against her left leg. The second accused, the father, ran up to the scene and instigated the first accused to commit further acts of violence. He even asked his son to do away with the girl. Thereupon the first accused again threw a stone which hit her right leg. P.W. 1 raised an alarm which brought to the scene a few neighbours and thus further untoward incident was averted. P.W. 1 was treated in the hospital for the injuries and an X-ray





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