SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) In this appeal the accused in C.C.No.45 of 2011 on the files of the Judicial Magistrate of the First Class-I, Thodupuzha challenge the legality and correctness of their conviction for the offences under Ss. 447 and 427 read with Sec. 34 of the Indian Penal Code, 1860 (IPC) by the appellate court. In the appeal, the Additional Sessions Judge-IV, Thodupuzha as per the judgment dtd. 1/7/2015 reversed the acquittal by the trial court and convicted the appellants.

(2.) C.C.No.45 of 2011 arose on a police report. The 2nd respondent filed the complaint before the learned Magistrate alleging that the appellants, in furtherance of their common intention to lay a motorable road, criminally trespassed into the property of the 2nd respondent and widened the existing pathway on 6/12/2010 and uprooted teak and anjili saplings causing a loss of Rs.300.00 to the 2nd respondent. The complaint was forwarded for investigation resulting in filing a final report.

(3.) On the appellants denying the accusation, PWs.1 to 6 were examined and Exts.P1 to P4 were marked in order to prove the case of the prosecution. The 1st appellant took the stand that the pathway had an oldage of 30 years and he had obtained an injunction against the 2nd respondent from obstructing the usage of the pathway. Exts.D1 and D2 were proved on the appellants' side. The trial court held that the evidence tendered by the prosecution was insufficient to prove the alleged trespass and mischief. In the light of the pending civil case, a conviction for criminal trespass could not be had especially when no document to prove the title and possession of the 2nd respondent over the property in dispute was produced.