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1999 Supreme(Mad) 1382

K.K.MATHEW
P. T. Chacko – Appellant
Versus
Nainan Chacko – Respondent


Advocates:
K. George Varghese and Thomas V. Jacob for Appellant.
K. N. Narayanan Nair, G. Raghava Panicker and N. Sudhakaran, for Respondent.
The State Prosecutor for State.

Order.-

The 1st accused in C.C.No. 95 of 1966 on the file of the Sub-Magistrate’s Court, Chengannur, is the revision petitioner, P.W.1 filed a complaint alleging that the accused committed offences punishable under sections 294(b), 323, 341 and 34, Indian Penal Code.

The substance of the complaint is as follows: On 1st February, 1966, P.W. 1 went to the tea shop of one Bhaskara Pillai at about 9-00 p.m. for getting the price of milk supplied by him. The 1st and 2nd accused were present in the tea-shop at the time. The 1st accused on seeing the complainant called out: "Kazhuverada monae thandaikku pirakkadavanae’‘ and slapped him on his left cheek. The 2nd accused caught hold of him and pushed him.

The learned Magistrate found that both the accused were guilty. He convicted the 1st accused of offences punishable under sections 294(b) and 323 and sentenced him to pay a fine of Rs. 25, and in default to undergo simple imprisonment for 10 days for the offence punishable under section 294(b) and to pay a fine of Rs. 50, and in default to undergo simple imprisonment for one month for the offence punishable under section 323, Indian Penal Code. He convicted the 2nd accused of the offence pu










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