LAKSHMIAMMAL Vs. SAMIAPPA GOUNDAR

JUDGEMENT

(1.) THE appeal and revision arise out of the judgment in C. A. No. 230 of 1964 by the Sessions Judge, Coimbatore Division. The appellant is the complainant. The revision petitioners are the accused.

(2.) THE complainant filed a private complaint against the accused before the Sub-Divisional Magistrate, Erode, alleging that the accused formed themselves into an unlawful assembly armed with deadly weapons and caused extensive damage and mischief to the water-pipes laid by the complaint for taking water from a channel to his lands, punishable under Ss. 148 of 430, I. P. C. The Sub-Divisional Magistrate convicted the accused under both the charges and sentenced each of the accused to pay a fine of Rs. 100 under S. 148, I. P. C. and a fine of Rs. 50 under S. 430, i. P. C. On appeal, the Sessions Judge confirmed the conviction and sentence under s. 430, I. P. C. , but acquitted them under S. 148, I. P. C. Hence, the complainant preferred the appeal against the acquittal under Sec. 148, I. P. C. and the accused filed the revision petition against the order of the Sessions Judge confirming their conviction and sentence under S. 430, I. P. C.

(3.) SO far as the revision petition is concerned, the learned counsel for the petitioner is unable to challenge the findings of the lower Court. Both the lower courts accepted the evidence of the prosecution witnesses and found that the accused were armed with deadly weapons and they broke the cement water-pipe belonging to the complainant. The accused have not claimed a right of private defence of property; but they denied the offence and contended that the case was foisted on them because of enmity. There is no substance in the revision petition. It is, therefore, dismissed.