Decided on September 01,1967

PAPPU Appellant
DAMODARAN Respondents


- (1.) THIS revision petition filed by P. W. 1 in the case is directed against an order acquitting the accused of offences punishable under Sections 427, 447 and 506 (1) read with section 34 I. P. C.
(2.) ON the basis of a petition filed by P. W. 1 before the Sub Inspector of Police, Munambom, he registered a case against accused I and 2 for the above offences and conducted an investigation. After the investigation, finding that there is evidence to support the case he filed the charge. The prosecution case is that the revision petitioner was in possession of a paramba in Cherai Kara, that accused 1 and 2 have properties to the south of the paramba, that the revision petitioner put up a fence on the southern boundary of his paramba, that on 17-31966 at 11. 00 a. m. the accused trespassed into that portion of the paramba and demolished the fence and thereby caused damage to him to the tune of Rs. 100.
(3.) THE learned Magistrate found that the accused have demolished the fence put up by P. W. 1 and thereby committed the offence of mischief, and convicted them under Section 427 read with Section 34 I P. C. . but released them after admonition under section 3 of Act 20 of 1958 Accused 1 and 2 filed an appeal before the Sub Divisional Magistrate. The Sub Divisional Magistrate acquitted the accused.;

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