NAGOOR MUHAMMEDKHAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioners are the accused in C.C. No.194/1997 before the Judicial First Class Magistrate's Court-II, (Forest Offence), Punalur. They were prosecuted for offences punishable under Sections 447, 323 and 324 r/w. 34 of the Indian Penal Code. The prosecution case as available in the judgment of the Magistrate is as follows:

(2.) THE prosecution examined PWs 1 to 5 and marked Exts.P1 to P3. The defence did not adduce any evidence. After considering the evidence adduced by the prosecution, the Magistrate convicted the petitioners for offences punishable under Sections 447 & 323 r/w Section 34 of the Indian Penal Code and released them under Section 3 of the Probation of Offenders Act after due admonition, but directed them to pay a sum of Rs.1,500/- each as compensation under Section 5 of the Probation of Offenders Act to PW2. The petitioners filed Crl. Appeal No.86/1998 before the First Additional Sessions Judge, Kollam, which was dismissed. The petitioners are challenging the judgments of the courts below.

(3.) I have heard the learned Public Prosecutor also.