JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition arises out of a prosecution for alleged offenses under S.295 and S.380 read with S.114 of the Indian Penal Code. 8 accused persons were tried for these offences in C.C. No. 20/1955 on the file of the First Class Magistrates Court at Alwaye. The learned Magistrate acquitted accused Nos. 5 and 8 but convicted accused 1 to 4. The first accused was sentenced to undergo rigorous imprisonment for 3 months for the offences under S.295 and 380 with a direction that the sentences would run concurrently. Accused 2 to 4 were each sentenced to undergo rigorous imprisonment for one month for the offences under S.295 and 380 with a similar direction that the sentences would run concurrently. Against these convictions and sentences, accused 1 to 4 preferred an appeal (Criminal Appeal No. 62 of 1957) before the Sessions Court at Trichur and the learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. In the present revision petition filed by accused 1 to 4, they have challenged the legality and the sustainability of the aforesaid convictions and sentences.

(2.) A garden land known by the name of Thannipuzathoppil Purayidom comprised in Sy. No. 540/5B of Perumbavoor village together with buildings thereon, was outstanding on lease with Pw. 1 and others. The lessor instituted a suit O.S. 739/1107 on the file of the Perumbavoor Munsiffs Court against the lessees and obtained a decree for recovery of the property with arrears of rent. The 1st accused in the present case obtained an assignment of that decree and when he tried to execute the decree, several objections were raised to his right to get recovery of the property and buildings, by Pw. 1 who was the 11th defendant in that suit. All these objections were eventually overruled by the Court and the property was delivered over to the 1st accused on 8-9-1951 with the help of the police as ordered by the execution court, Ext. C is the delivery report. In one portion of the compound there was a shed which was used as a place of worship by members of the family of Pw. 1 and also by other Hindus of the locality. According to Pw. 1, the aforesaid shed was used as a temple by these people and on account of their opposition, it was not delivered over to the 1st accused; while according to the 1st accused, this was also delivered over to him as per the list Ext. C. On 28-9-1951, the 1st accused with the help of accused 2 to 8 destroyed the shed and carried away the pictures of the Hindu Gods which were kept in that shed for the purpose of worship. On the next day, Pw. 1 sent the petition Ext. A to the police complaining that accused 1 to 8 had destroyed and defiled the temple with the intention of insulting the religious feelings of the Hindus who were using the temple as a place of worship and that the pictures and the other articles which were held sacred by these worshippers were stolen away from the temple. The police registered a case against the accused and, after due investigation, charge sheeted the case against accused 1 to 8 for the offences already mentioned. The charge was at first laid before the Stationary Second Class Magistrate at Perumbavoor where the case was registered as

(3.) The learned Single Judge who heard the revision petition in the first instance, referred it to a Division Bench and, that is how the case has come before us.