GEEVARGHESE Vs. PHILIPOSE

JUDGEMENT

(1.) The petitioners are accused 1 to 9 in CC No. 205 of 1980 on the file of Judicial Magistrate of the 1st Class, Pathanamthitta. Initially, there were 11 accused but the case of A6 and A8 were separated as they were not available. They were charged under S.143, 147, 149, 427, 447 and E 506 IPC.

(2.) Briefly stated the prosecution case is as follows: On 13-8-1980, at about 12. 30 in the midnight the accused formed themselves into an unlawful assembly and in furtherance of their common object they trespassed into the property of PW 1 situated at Mangaram Muri of Konny Village. A1 and A3 demolished a portion of the compound wall on the eastern side of the property with iron rods. A4 and A6 levelled the soil with spades and all accused destroyed the cultivation. A4 to A8 felled 10 rubber trees, 7 clove trees, two jack fruit trees, three arecanut trees, two coconut trees, and two mahogany trees and the accused tilled the soil east to west in a width of 3 meters 40 cms with a view to lay a road. The accused caused damage to the foundation laid by PW 1 for constructing a building. When PW 1 interfered, A7 threatened him saying that he will be done away with. Loss to the tune of Rs.2,000/- by reason of the damage was caused by the accused.

(3.) On the accused pleading not guilty, the prosecution examined PWs 1 to 8 and marked Ext. P1 and P5 and MO1. In the statement under S.313 of the Cods of Criminal Procedure, the accused generally denied the incriminating circumstances appearing against him. On behalf of defence DW1 was examined and Ext.D1 and D3 were marked.