KUNHAYU Vs. STATE OF KERALA

JUDGEMENT

(1.) The five respondents were convicted by the Sub Magistrate, Perinthalmanna, for offences under S.147 and 379 I.P.C. and fined Rs. 25/- each under the first count and Rs. 75/- under the second. Their appeal to the District Magistrate, Palghat was unsuccessful.

(2.) The case against them was that they committed theft of standing paddy crop which had been attached in pursuance of a decree of the Munsiffs Court Perinthalmanna. Pw. 3 Gopala Pillai is the decree holder. On his application an order of attachment was issued by the said Munsiffs Court attaching the standing paddy crop on seven items of property. Pw. 2 the Amin of the court effected the attachment and entrusted the crop to Pw. 1 on Kychit. Accused 1 and 2 who are the judgment debtors, applied for and obtained the release of the crops in four items of property on deposit of Rs. 250/- in court. The prosecution case is that on the day succeeding the order of release the accused harvested the crops from all the items of property including those in regard to which the attachment was still in force. The stolen paddy and straw were later recovered from the house of accused 2. Pw. 1 reported the matter to the Munsiff and also filed a complaint with the Sub Magistrate, Perinthalmanna who took the case on file.

(3.) The accuseds plea was one of total denial. They would have it that the crop must have been harvested by one Moitheenkutty to whom accused 1 and 2 had assigned their rights over the property long before the attachment.