ORDER

The petitioners are the accused in C.C.No.340 of 1995 before the Judicial First Class Magistrate-1, Mananthavady. They were prosecuted for offences punishable under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. The prosecution case as discernible from paragraph 2 of the judgment of the Magistrate is as follows:-

”The prosecution case is that on 15.07.1995 at 9.p.m. night, when the accused persons were standing along with a woman in a rice mill owned by one Mathachan at Cherukattoor in Cherukattoor village, PW1 Sunny who came along with other witnesses through the road asked about their presence there and for that reason the first accused Benny hit PW1 with a stone on his head and face resulting in injuries and breaking of two teeth. There is also allegation that during the incident the second accused beat PW1 with his hand and caused simple hurt.”

2 The prosecution examined PWs 1 to 9 and marked Exts.

P1 to P4 documents and MOs 1 and 2. The defence examined DW1. After considering the evidence, the Magistrate convicted the first accused to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- for the offence punishable under Section