KUNCHATHY SADASIVAN Vs. VASU ASAN RAJAGOPALAN

JUDGEMENT

(1.) In this Revision petition, Pw. 1, Sadasivan, the first informant in Crime No. 278/68, Quilon East Police Station, challenges the order of acquittal passed in C. C. 356/69 on the file of the court of the Sub Magistrate, Quilon 1, in favour of the respondents accused, who stood charged for the offences under S.447 and 427 read with S.34 IPC.

(2.) The case against the respondents was that on the night of 30-10-68 at about 1 a.m. they in furtherance of a common intention to commit mischief and trespass forcibly entered upon the property described as a purayidom, which was in the possession of the wife of Pw. 1, thereby causing a loss of Rs. 25/- on account of the demolition of a fence on the southern side of the property and thereafter uprooting some 200 vegetable plants thereby causing a further loss of Rs. 200/- and instead they planted tapioca plants in 8 cents of the said property by putting up a fence on the western side of a portion of the property which was also reduced to their possession. On the basis of the first information a crime was lodged and the investigation conducted by the police resulted in laying a charge against the respondents.

(3.) The case came up for hearing on 4-7-1969 when Pw. 1 was examined in part. The case was then adjourned to 9-7-69 with the direction that the prosecution will produce the remaining witnesses. On 9-7-1969 Pw. 1 was absent So, the case was adjourned to 18-7-69 on which date Pws. 1 and 2 were examined and cross examined. During the cross examination of Pw. 1, three documents were sought to be proved through him. They were Exts. D1 to D3. After examination of Pws. 1 and 2, the learned Magistrate recorded that "No other witness" and then he posted the case for disposal to 23-7-69 on which date the order of acquittal was passed in favour of the respondents under S.251A(11) Cr. P.C.