JUDGMENT :

P.G. AJITHKUMAR, J.

1. These appeals are at the instance of the complainant in C.C. No. 209 of 1997 on the files of the Judicial Magistrate of the First Class-II (Mobile), Kottayam. The learned Magistrate convicted accused Nos. 1 to 4 for the offence under Sections 452, 341 and 323 read with Section 34 of the Indian Penal Code, 1860 (IPC). Accused Nos. 1 and 4 preferred Criminal Appeal No. 472 of 2003, accused No. 2 preferred Criminal Appeal No. 473 of 2003 and accused No. 3 preferred Criminal Appeal 474 of 2003 before the Additional Sessions Court (Adhoc)-II, Kottayam. The appellate court as per the common judgment dated 17.09.2010 allowed the appeals and acquitted all the accused. Correctness and legality of the said judgment are under challenge in these appeals filed under Section 378(4) of the Code of Criminal Procedure, 1973 (Code).

2. Parties are referred to as they are positioned before the trial court.

3. The alleged incident occurred at 7.00 p.m. on 03.09.1996. The complainant alleged that while he was sitting in his house talking with his brother and a neighbour, accused Nos. 1 to 3 and an unidentified police constable came there in a jeep and tried to take into cu