ORDER

Heard counsel for petitioner.

2. PW1, defacto complainant has come up in revision challenging the judgment of Sessions Court, Kottayam in Crl.Appeal No.467 of 2006.

3. Facts of the case are thus: on 10.2.2001 at about 6.45 a.m.

respondent No.2 and accused No.2 (he died pending investigation of the case) in furtherance of their common intention voluntarily caused hurt to petitioner hitting with stone, beating with hand, clicking on the abdomen, criminally intimidated and caused fear of death holding a chopper and thereby committed offences punishable under Sections 323 , 324 and 506 (ii) read with Section 34 of the Indian Penal Code (for short, “the Code”). Police after investigation filed charge sheet against respondent No.2 for the said offences. Prosecution examined PWs 1 to 5 and proved Exts.P1 to P4. According to respondent No.2, there was dispute regarding right of way through his property, he had obtained an order of injunction against petitioner and others, in violation of that order petitioner trespassed into the property and later, respondent No.2 was falsely implicated. He proved Exts.D1 to D5 which are records in connection with O.S.Nos.36 of 2001 and 37 of 2001. Learn