FRANCIS Vs. TONY JOHN

JUDGEMENT

(1.) The complainant in CC 293 of 1984 on the file of the Judicial 2nd Class Magistrate's Court, Trichur has come up in appeal challenging the acquittal of six accused persons.

(2.) The allegations in the complaint were that these accused formed themselves into an unlawful assembly and trespassed into the property belonging to the complainant on 20-5-1984 at 6.30 p.m. and dismantled the concrete pillars which were erected on the ground for the construction of a building and that they also removed a display board hung in that property. The Court below took cognizance of the offence of mischief and directed the-complainant to adduce evidence. On the side of the complainant three witnesses were examined and two witnesses were examined on the defence side. The court ultimately acquitted the accused.

(3.) The main grievance of the appellant is that the court below has relied on a decision of this court reported in Pappu v. Damodaran ( 1967 KLT 918 ) and acquitted the accused for the reason that there was a civil dispute between the parties and hence there could not have been any offence of mischief. It has been stated in the above quoted decision: