CHAMUNNI AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.1 to 7, 9 and 10 in S.T.No.790 of 1999 of the Judicial First Class Magistrate's Court-III, Palakkad.

(2.) They faced prosecution along with the 8th accused in the court below under Sections 143, 147, 447, 354, 323 and 506(i)IPC on the allegation that at about 8.45 p.m. on 31.01.1999 they, as part of a criminal design hatched by them, trespassed into the court yard of the house of one Sundari in connection with some property dispute, they outraged her modesty, and when her brother intervened, he was assaulted by them.

(3.) All the accused appeared before the learned Magistrate, and pleaded not guilty, when the substance of the accusation was read over and explained to them. The prosecution examined six witnesses, and proved Exts.P1 to P5 documents in the trial court. All the accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 In defence, the accused examined one witness as DW1. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for three months each under Sections 143, 447 and 323 IPC, and to undergo rigorous imprisonment for six months each under Sections 147, 354 and 506(i)IPC.