K MADUSUDANAN NAMBOODIRI Vs. UNNI NAIR

JUDGEMENT

(1.) This is an appeal against acquittal, filed by the complainant in a private complaint, C. C. No. 252 of 1972, on the file of the court of the Additional First Class Magistrate, Quilandi.

(2.) The appellant filed a complaint against the respondents alleging that they on July 30, 1972 at about 8 p.m. criminally trespassed into the house belonging to him and committed theft of vessels and other articles worth about Rs. 6000/-. The learned Magistrate took the complaint on file under S.380 read with S.34 of the Indian Penal Code. On the appearance of the accused, the prosecution examined two eyewitnesses to the occurrence and they were Pw. 1 the complainant and Pw. 2 who was said to be present in the house at the time of the incident.

(3.) When examined under S.342 of the Code of Criminal Procedure 1898, on the evidence of Pws. 1 and 2, the accused denied the prosecution case.