MOOPUMURA KULASU NAIKAR Vs. MANOJ

JUDGEMENT

(1.) The revision is directed against a judgment of acquittal rendered by the learned Magistrate in a prosecution under section 447 and 427 r/w 34 of I.P.C. There are two accused persons in the case.

(2.) The proceedings were initiated on the basis of the complaint filed by PW1 a litigant who was appointed as receiver in the suit filed by him. He alleged that the offences of criminal trespass and mischief were committed by the accused persons in furtherance of their common intention. The alleged offences were committed in respect of 60 cents of property allegedly involved in the suit. Loss to the tune of Rs.60,000/- was allegedly caused.

(3.) Proceedings were initiated on the basis of private complaint filed by PW1 before the Magistrate. The same was referred to the police. After completing the investigation final report was filed and cognizance was taken by the leaned Magistrate. Consequent to the plea of not guilty raised by the petitioner the prosecution examined PWs 1 to 5 and proved Exts. P1 to P4. Accused took up a defence of total denial. The accused contends that he has not committed trespass or mischief as alleged by the complainant/prosecution. Exts. D1 to D5 were marked on the side of the accused.