GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the ten accused in C.C 136/2003 of the Chief Judicial Magistrate's Court, Pathanamthitta. They faced prosecution in the court below under Sections 143, 147, 148, 452, 447, 427, 324 and 506 (ii) read with 149 I.P.C, on the allegation that at about 12.30 in the night on 22.11.2002, they all trespassed into the property of one Gopalakrishna Pillai, in prosecution of the common object of forming a road through his property illegally, and they all collectively destroyed the improvements and formed a road along the southern boundary of the property of the said Gopalakrishna Pillai, and after that they all trespassed into his house, intimidated him, and also inflicted simple injuries on his body with weapons like stick. The crime was registered by the Police on the First Information Statement given by the said Gopalakrishna Pillai. After investigation, the Police submitted final report in court.

(2.) All the accused pleaded not guilty to the charges framed against them by the trial court. The prosecution examined 8 witnesses and proved Exts. P1 to P10 documents in the trial court. The MO1 to MO3 properties were also identified during trial. These include the pieces and remnants of the articles destroyed in the process of forming a road. When examined under Section under Section 313 Cr.P.C, the accused denied the incriminating circumstances and projected a defence of total denial. The further defence projected by him is that a false case was foisted by the complainant due to the then subsisting civil dispute between the parties. The accused did not adduce any oral evidence in defence, but Exts.D1 and D2 were marked.

(3.) On an appreciation of the evidence, the trial court found all the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 1000/- each under Section 452 read with 149 I.P.C, to undergo rigorous imprisonment for one year each under Section 324 read with 149 I.P.C, to pay a fine of Rs. 1000/- each under Sections 506 (ii) and 427 read with 149 I.P.C, and to pay a fine of Rs. 500/- each under Sections 143, 147, 148 and 447 I.P.C. A portion of the amount of fine was also ordered to be given as compensation to PW1 and PW2 under Section 357 (1) (b) Cr.P.C. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Pathanamthitta with Crl.A 184/2005. In appeal, the learned Additional Sessions Judge (Adhoc-II), Pathanamthitta 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.