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1976 Supreme(Ker) 175

V.KHALID
SANKARAN NAIR – Appellant
Versus
MADHAVAN PILLAI – Respondent


Judgment :-

1. This is an application by the complainant in C. C. No. 358 of 1973 on the file of the 1st Class Magistrate, Nedumangad. The application is made under S.482 of the Criminal Procedure Code. The original private complaint disclosed offences punishable under S.143 and 379 of the Indian Penal Code. The accusation against the accused was that they trespassed into the paddy field of the petitioner and harvested crops. The trial court found accused 1, 2, 4, 6 and 7 guilty under S.379 of the Indian Penal Code and convicted them and sentenced them to six months rigorous imprisonment. They were also convicted for the offence under S.143 of the Indian Penal Code. The accused filed Criminal Appeal No. 236 of 1974 before the Sessions Court, Trivandrum. The appellate court confirmed the conviction but reduced the sentence. Against this conviction and sentence a revision was filed in this court. This court as per its order dated 19 71976 set aside the conviction and sentence and allowed the Criminal Revision Petition.

2. The prayer in the present application is to set aside the judgment of this Court in Criminal R P. No. 258 of 1975. The reason set out in the affidavit in support of














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