This revision petition is by accused 5 and 6 in C.C. No. 322 of 1963 on the file of the Additional First-Class Magistrate, Sherthallai. They along with four others were convicted under sections 143, 147, 426 and 323 read with section 149, Indian Penal Code, and sentenced to pay a fine of Rs. 40. Accused 1 to 4 have not come up in revision. The charge against the accused was that they formed themselves into an unlawful assembly with the common object of dismantling a part of the eastern fence and another part of the western fence of Kollan Parappu Thekke puraidom in the supervision of P.W. 1, to gain easy access to the Bajana Madam in the property to the west. According to the prosecution all the six accused took part in dismantling the fence whereas accused 1 to 3 alone caused hurt to P.W. 1 by pushing him on the ground. All the accused pleaded not guilty. Accused 5 and 6 as also some of the others denied having been present at the spot. Accused 5 who is a man of 70 pleaded that he was bed-ridden and under treatment and accused 6 who was employed as a supervisor in the Electrical, Department, Ernakulam, contended that he was at Ernakulam at the relevant time. The first accus