- (1.)This Criminal Leave Petition has been filed by the State seeking leave to prefer appeal against the judgment of acquittal dtd. 28/3/2018 in C.C.No.1210/2014 passed by the Judicial First Class Magistrate Court, Sasthamcotta.
(2.)The respondent Nos. 1 and 2 herein are the accused Nos. 2 and 3 respectively in C.C.No.1210/2014. They along with the accused No.1 were tried for the offences punishable under Ss. 341, 294(b), 323, 324, 506(ii) read with 34 of IPC.
(3.)The prosecution case in short is that on 31/1/2014 at 2.15 pm, accused Nos.1 to 3 in furtherance of their common intention attempted to restrain CW1(PW1) and local people from using the pathway proceeds through eastern side of the property owned by the accused towards northern side. When PW1 questioned the said act, the accused No.1 with an axe gave a blow on the head of PW1, the accused No.2/lst respondent herein hit on the back of PW1 with a stick and the accused No.3/2nd respondent herein uttered obscene words towards PW1 and threatened to cause death.