RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused Nos. 1 and 3 in C.C.No.181 of 2008 on the files of the Judicial First Class Magistrate Court-III, Kozhikode. They along with accused Nos. 2 and 4 were tried for having committed offence punishable under Sections 270, 277 r/w. Section 34 of the IPC.

(2.) As per the charge, the prosecution allegation is that on 4.4.2008, at 9.10 am., the accused in furtherance of their common intention, dumped septic tank waste in the Canoli canal with intent to foul the water and render it unfit for the purpose for which it is ordinarily used.

(3.) In order to prove the case of prosecution, PWs 1 to 4 were examined and Exhibits-P1 to P3 were marked. The incriminating materials arising out of the prosecution case were put to the accused under Section 313 of the Cr.P.C. No evidence was adduced on the side of the defence.