JUDGMENT

This appeal is filed by all three accused involved in SC No.588/2017, each of whom were found guilty, convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of `50,000/- under Section 457 of the Indian Penal Code, 1860 (for short ‘the IPC ’) and in default of payment of fine to undergo simple imprisonment for three months. Each of them are also sentenced to undergo rigorous imprisonment for ten years and to pay a fine of `50,000/- under Section 394 and in default of payment of fine, to undergo simple imprisonment for three more months. Though all accused were convicted, no separate sentence was awarded under Section 380 . Aggrieved by the finding of guilt, order of conviction and sentence imposed as above, all three accused have come up before this Court in this Appeal.

2. This Appeal is filed from Central Prison, Thiruvananthapuram where the accused were undergoing sentence. SC No.588/2017 was originated from CP No.65/2017 of Judicial First Class Magistrate Court-I, Kollam and Crime No.1911/2016 of Anchalummoodu Police Station. The case of the prosecution is narrated in brief as follows:

3. 1st and 2nd accused trespassed into the house be