AYYAPPAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused Nos. 1 to 4 & 7 in C.C. No. 307/10 on the file of the Judicial First Class Magistrate-I, Mavelikkara. The prosecution charge sheeted the case against 9 accused alleging offence punishable under Section 143, 147, 148, 447, 448, 427 r/w 149 IPC. The learned Magistrate held that prosecution has successfully established offence punishable under Section 143, 147 and 447 r/w 149 IPC against accused Nos. 1 to 4 & 7. The said accused are found not guilty of the offence punishable under Section 148, 448, 427 r/w 149 IPC and they are acquitted of the said offences under Section 248(1) Cr.P.C. Accused Nos. 1 to 4 & 7 are sentenced to pay a fine of Rs. 1,000/- each for the offence punishable under Section 143 IPC and in default to undergo simple imprisonment for one month, sentenced to undergo imprisonment till the rising of court and to pay a fine of Rs. 3,000/- each for the offence punishable under Section 147 IPC in default the undergo simple imprisonment for two months and they are also sentenced to pay a fine of Rs. 500/- each for the offence punishable under Section 447 IPC in default to undergo simple imprisonment for two weeks. The judgment passed by the learned Magistrate was confirmed by the appellate court by judgment dated 21.3.2013 in Crl.A. No. 378/2012 of the Additional District Judge-Fast Track-(Ad-Hoc) Court, Mavelikkara. Parties hereinafter are referred to as arrayed in C.C. No. 307/2010. The prosecution case is that the accused persons formed themselves into an unlawful assembly at about 10:35 p.m. on 3.6.2010 with a common object of causing loss to PW 1 and in prosecution of the said common object, trespassed into the house of PW 1, 6th accused destroyed glass of three window panes of the front window of the building by hitting with a stick. The other accused destroyed the glass of-our panes of the window fixed on the eastern wall of the northern bed room of the building. The first accused at the same time repeatedly kicked on the front door of the house and caused damage to the door of the house. The learned Magistrate framed charge for the offence punishable under Sections 143, 147, 148, 447, 448, 427 r/w 149 IPC.

(2.) The evidence consists of oral testimonies of PWs 1 to 3, Exts. P1 to P4, MO 1 and MO 2 series on behalf of the prosecution and Exts. D1 to D3 documents, Exts. D4 to D6 contradictions for the defence.

(3.) The testimonies of DWs 1 to 3 are relied by the prosecution to prove the allegation against the accused. PW 1 is the defacto complainant, PW 2 is his wife and PW 3 is the investigating officer.