O R D E R

Both the accused in S.C.No.398/2000, who are accused no.5 and 6 in S.C.No.656/2001 on the file of the Sessions Court, Thalassery, are the revision petitioners herein. S.C.No.398/2000 arose from a case instituted on a police report and S.C.No.656/2001 on the basis of a private complaint. Crl.A.No.2080/2005 filed by the injured, namely PW1, has been not pressed and so the same has been dismissed.

2. The incident in this case is alleged to have taken place on

17/09/1998 at 6 p.m. Pursuant to the incident, PW1, the injured, was admitted in National Hospital, Kozhikode. He was unable to give a statement and hence PW8, the then ASI, Karikottakari Police Station recorded the statement of PW2, his wife, i.e., Ext.P1 FIS on 18/09/1998. On the basis of Ext.P1 FIS, Crime No.56/1998 was registered alleging the commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii) read with Section 149 IPC. In Ext.P1 FIS, there is reference to six persons, i.e., A1, A2, A3, A5 and A6 in S.C.No.656/2001 and one Madhavan. After completion of investigation, PW13, the then C.I., Iritty, submitted the final report against two persons only, namely, Shaji (A1) and Viswanathan (