STATE OF KERALA Vs. KOCHAN

JUDGEMENT

(1.) Accused Kochan a Harijan and his wife Thankamma were convicted by the Chowghat First Class Magistrate under S.453 read with S.34 I.P.C. The first accused was sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 50/- and the second accused was ordered to be released after due admonition. In appeal the conviction was set aside by the Additional Sessions Judge, Trichur. The State has appealed against the order of acquittal

(2.) PW. 1, Venkitarama Iyer and his wife Swarnambal [Pw-2] were in possession of a building in Panthra Paramba which was used by them for storing manure and agricultural implements. The building was locked up and the key was with Pw. 1. The prosecution case is that at 6-30 A. M. on 19-5-1959 the first accused broke into the house and together with his wife occupied the building.

(3.) The two accused denied the offence. The second accused in the statement filed by her contended that she was permitted to live in the house of Pws. 1 and 2 on payment of Rs. 22/- and that she had improved the building which was dilapidated. According to her the case is only an attempt to evict her from the building without resorting to the civil court. The first accused while supporting the second accuseds case added that he was looking after the paramba and some amounts were due to him from Pw-1 as remuneration. He further stated that he had been sentenced to imprisonment in a criminal case filed against him by Pw-1 and when he came out of the jail he found his wife in occupation of the building.