MURALI AND OTHERS Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.1 to 7 and 9 in C.C. No.864/2000 of the Judicial First Class Magistrate Court - V, Kozhikode. They faced prosecution in the court below on the allegation that at about 1.30 p.m. on 12.4.1999, they along with some other persons, forming a gang, trespassed into the homestead of one Narayanankutty at Beypore, in prosecution of the common object of the unlawful assembly formed by them to commit mischief there, and they conjointly committed mischief by destroying the agricultural crops, and also the windows of the house of Narayanankutty. The police registered the crime on the complaint made by the said Narayanankutty, and after investigation, submitted final report in court. The 8th accused died pending the proceedings. The accused Nos.1 to 7 and 9 appeared before the learned Magistrate and pleaded not guilty to the charge framed against them.

(2.) The prosecution examined nine witnesses, and proved Exts.P1 to P5 documents in the trial court. The remnants of some destroyed articles were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973. They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under Sections 148, 447 and 427 IPC. They all were convicted with the aid of Section 149 IPC. On conviction, they were sentenced to pay a fine of Rs. 2,000/- each under Section 148 IPC, to pay a fine of Rs. 500/- each under Section 447 IPC, and to pay a fine of Rs. 1,000/- each under Section 427 IPC. Aggrieved by the judgment of conviction dated 24.6.2004, the accused approached the Court of Session, Kozhikode with Crl.A. No.428/ 2004. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the accused are before this Court in revision, challenging the legality and propriety of the conviction and sentence.