KOSHY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the de facto complainant in C.C 647/2001 of the Judicial First Class Magistrate Court, Mavelikara, and the respondents 2 to 12 are the accused Nos.1 to 6 and 8 to 11 in the said case. The revision petitioner challenges the judgment of acquittal of the trial court dated 31.10.2005 by which the respondents 2 to 11 were acquitted of the charges brought against them under Sections 143, 147, 148, 427 and 452 I.PC.

(2.) The prosecution case is that about 7.45 p.m on 13.2.2001, a gang of persons including the accused trespassed into the court-yard of the house of the de facto complainant and committed some acts of mischief there by damaging the doors and windows of the house and also a car parked at the car porch, and they all did it due to some political animosity. The revision petitioner lodged complaint at 11 p.m on the same day, and the Police proceeded for investigation. After investigation, the Police submitted final report in court. The accused pleaded not guilty to the charge framed against them under Sections 143, 147, 148, 427 and 452 read with 149 I.P.C .

(3.) The prosecution examined six witnesses and proved Exts.P1 to P5 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C and pleaded a defence of total denial. One witness was examined on the defence side and Exts.D1 to D3 were also marked.