A K MARAKKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. R.P. No. 1000 of 1999 is filed by accused nos. 1 to 4 and 6 in C.C. No. 405/1995 whose conviction for offence under Sections 148, 447 and 427 of Indian Penal Code read with Section 149 I.P.C as also the sentence awarded thereunder was confirmed by the appellate court in Crl. Appeal No. 148/1998 and Crl. R.P.No. 1086 of 1999 is filed by the fifth accused in C.C. No. 405/1995 whose conviction for offence under Sections 148, 447 and 427 of I.P.C as also the sentence awarded thereunder was confirmed by the appellate court vide judgment in Crl. Appeal No. 143/1998.

(2.) The prosecution case in brief is that, at about 11.00a.m on 02.07.1995 accused nos. 1 to 6 formed themselves into an unlawful assembly with the common object of widening the width of the road that runs by the side of the properties of PWs 1 and 2 and trespassed into the property of PW1 Madhavan Nair comprised in resurvey No. 223/5 in Chevayur village armed with deadly weapons like crow bar, pick-axe, spade and chopper and demolished the granite compound wall having a length of about 152 metres and height of one metre in his property causing loss of Rs. 15,000/- to PW1 and also threatened to do away with CW3 Sudhakaran and accused nos. 1 to 4 trespassed into the property in possession of PW2 Kamalakshi Amma comprised in resurvey No. 226/2A in Chevayur village and cut and removed two arecanut trees causing damage to the extent of Rs. 1,000/- and also threatened to do away with CW4 Sasibhooshan and thereby committed offence punishable under Sections 143, 147, 148, 447, 427 and 506(ii) of I.P.C read with Section 149 of I.P.C.

(3.) Learned Magistrate found accused nos. 1 to 6 not guilty of offence under Section 506 (ii) of I.P.C and acquitted them of that offence, but found them guilty of offence punishable under Sections 143, 147, 148, 447 and 427 of I.P.C read with Section 149 thereof and sentenced them to undergo simple imprisonment for six months under Section 148 of I.P.C; simple imprisonment for one month under Section 447 of I.P.C and to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- each and in default to undergo simple imprisonment for one month each under Section 427 of I.P.C. The substantive sentences of imprisonment was provided to run concurrently. Vide common judgment in Crl. Appeal No. 143/98 and 148/98 the appeals filed by the petitioners were dismissed confirming the conviction and sentence passed by the trial court.