Harun-Ul-Rashid, J.

1. The appellants are the accused Nos.1 to 4 & 7 in C.C.No.307/10 on the file of the Judicial First Class Magistrate-I, Mavelikkara. The prosecution charge sheeted the case against 9 accused alleging offence punishable under Section 143, 147, 148, 447, 448, 427 r/w 149 IPC. The learned Magistrate held that prosecution has successfully established offence punishable under Section 143, 147 and 447 r/w 149 IPC against accused Nos.1 to 4 & 7. The said accused are found not guilty of the offence punishable under Section 148, 448, 427 r/w 149 IPC and they are acquitted of the said offences under Section 248(1) Cr.P.C. Accused Nos. 1 to 4 & 7 are sentenced to pay a fine of Rs. 1,000/-each for the offence punishable under Section 143 IPC and in default to undergo simple imprisonment for one month, sentenced to undergo imprisonment till the rising of court and to pay a fine of Rs. 3,000/- each for the offence punishable under Section 147 IPC in default the undergo simple imprisonment for two months and they are also sentenced to pay a fine of Rs. 500/- each for the offence punishable under Section 447 IPC in default to undergo simple imprisonment for two weeks. The judgment passed by the learned Magistrate was confirmed by the appellate court by judgment dated 21.3.2013 in Crl.A.No.378/2012 of the Additional District Judge-Fast Track- (Ad-Hoc) Court, Mavelikkara. Parties hereinafter are referred to as arrayed in C.C.No.307/2010.

2. The prosecution case is that the accused persons formed themselves into an unlawful assembly at about 10:35 pm on 3.6.2010 with a common object of causing loss to PW1 and in prosecution of the said common object, trespassed into the house of PW1. 6th accused destroyed glass of three window panes of the front window of the building by hitting with a stick. The other accused destroyed the glass of -'our panes of the window fixed on the eastern wall of the northern bed room of the building. The first accused at the same time repeatedly kicked on the front door of the house and caused damage to the door of the house. The learned Magistrate framed charge for the offence punishable under Sections 143, 147, 148, 447, 448, 427 r/w 149 IPC.

3. The evidence consists of oral testimonies of PWs 1 to 3, Exts.P1 to P4, M01 and M02 series on behalf of the prosecution and Exts.D1 to D3 documents, Exts.D4 to D6 contradictions for the defence.

4. The testimonies of DVVs 1 to 3 are relied by the prosecution to prove the allegation against the accused. PW1 is the defacto complainant, PW2 is his wife and PW3 is the investigating officer.

5. PW1 testified before the court that at 10:35 pm he heard some sound of curbing foot steps outside the house. Immediately he and PW2 when looked outside through window glass, they saw 12 persons standing outside the building. According to him six were standing in the sit out and the remaining six were standing at the courtyard. The first accused was holding a iron rod, additional accused No.10 was holding a sword stick, 4th accused was holding a chopper and 8th accused was not armed with any weapon. All others were holding sticks with them. The stick which was marked as MO1 is said to be the stick found in the hands of one Jayasree, who is the wife of the 1st accused. He also testified that accused 1 to 4 and additional accused No.10 abused him in filthy words shouting to come out of the building. It is deposed that the accused and additional accused 10 forcibly kicked on the main door to destroy it. Accused Nos. 2 to 4 and deceased 6th respondent destroyed the panes of the front window fixed on the wall of the main hall. Accused Nos.5, 7, 9 & additional accused No.11 smashed on the panes of the window fixed on the eastern wall of the bed room. He informed the matter to the Kuruthikadu Police Station and the police reached there at about 11:00 pm. PW2 deposed in tune with the testimony of PW1. PW3 is the investigating officer. Exts.P2 & P3 are the FIR & scene mahazar prepar