KIRAN M KANDOLKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two Revision Applications were filed by accused No. 1 and accused No. 2, respectively, in Criminal Case No. 228/93/b on the file of Judicial Magistrate, First Class, Mapusa. Since these two Revision Applications arise out of a common judgement of the Court below, they were heard together and are being disposed of by this common order.

(2.) ACCORDING to the prosecution, the petitioners and 4 others were charge-sheeted by the police under Sections 143, 147, 148, 448, 427 r/w Section 149 of Indian Penal Code. The prosecution case is that on 24-6-1993 at about 12. 40 hours at Satorxete, Aldona, the accused formed an unlawful assembly and criminally trespassed in the compound of one K. V. Philip and damaged his motor-cycle causing mischief to the tune of Rs. 2,000/- and also the window panes to the tune of Rs. 72/ -.

(3.) P. W. 1 and P. W. 3 are father and son who were in the house at the relevant time and were the eye witnesses. Relying on the evidence of these witnesses, the learned Magistrate acquitted the other accused Nos. 3 to 6 and convicted the petitioners, namely, accused No. 1 and accused No. 2 under Sections 448 and 427 r/w Section 149 of Indian Penal Code and sentenced each of the petitioners to undergo 6 months rigorous imprisonment and to pay a fine of Rs. 1,000/-; in default, to undergo another 2 months of simple imprisonment.