Petitioner is the second accused in Crime No.327 of 1998 of Kottiyam Police Station and S.C.No.144 of 2009 and L.P.No.24 of 2010 of the Sessions Court, Kollam for offences punishable under Secs.143, 147, 148, 341, 294(b), 323 and 324 r/w Sec.149 of the Indian Penal Code and Sec.3(i)(x) of SC/ST(PA) Act, 1989. Case is that on 14.08.1998 at about 8.30p.m while the de facto complainant/second respondent was returning home he was assaulted by petitioner and others. Some of the other accused faced trial in S.C.No.123 of 2005 and were acquitted under Sec.232 of the Code of Criminal Procedure by Annexure-B, judgment since none of the material prosecution witnesses supported the prosecution. 11th accused approached this Court with Crl.M.C.No.1056 of 2011. He was given the benefit of Annexure-B, judgment and proceeding against him was quashed as per order dated April 6, 2011. Petitioner/accused No.2 seeks similar relief. He claims to have settled the dispute with the second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor.
