BOOPALAN AND 3 OTHERS Vs. STATE

JUDGEMENT

(1.) This is a revision petition by four out of the five accused who stand convicted.

(2.) The case of the prosecution is summarily as follows:- The prosecution party and the accused party are neighbours. There was some objection by the accused party for the prosecution party replacing their window by a larger window. While so, on 1 - 7 - 1982 might at 2.00 A.M., while P.W. 1, his father P.W.2 and P.W. 1's mother were sleeping in their house, they heard a sound of demolition. All of them got up and went near the eastern window. At that time they saw A-1 armed with crowbar, A-2 armed with vettaruval, A-3 armed with a knife, A-4 armed with a spade and A-5 with a stick and they had pushed down the window and trespassed into the house. They threatened P.Ws. 1 and 2 that they would stab and beat them. P.Ws. 1 and 2 shouted and on hearing the same, P.Ws. 3 and 4, their , came. They pacified the parties, and thereafter a complaint was filed.

(3.) Upon completing the-investigation, the Investigating Officer filed a report under section 173 of the Code Criminal Procedure to the effect that offences under sections 147, 148, 427 and 452 I.P.C. appear to have been committed by all the five accused. Charges were framed accordingly by the trial court. They were all convicted under these charges. On appeal, the Sessions Judge of Madurai North at Dindigul set aside the conviction and sentence in respect of all the accused under sections 147 and 148 I.P.C. and set aside also the convictions and sentences under sections 427 and 452 I.P.C. in respect of A-1. He confirmed the conviction and sentence under these sections in respect of the other accused. Aggrieved by the same, the remaining four accused have preferred the present revision petition.