Revisional jurisdiction does not permit reappreciation of evidence unless judgments are perverse or unreasonable.

ORDER

The revision petitioners are the convicts in C.C.No.1311 of

2008 on the file of the Judicial First Class Magistrate-I, Hosdurg. As per the judgment dated 19.05.2014, the learned Magistrate convicted and sentenced them to undergo simple imprisonment for three months for each of the offences under Sections 143 , 147, and 427 of the IPC , and to undergo simple imprisonment for two years for the offence under Section 457 of the . In addition to the substantive sentence, the petitioners were sentenced to pay a fine of Rs.5,000/- each for the offence under Section 427 of the . In default of payment of the fine, they were directed to undergo simple imprisonment for 15 days. If the fine amount is realised, Rs.10,000/- each was ordered to be given to PWs1 and 2 under Section 357 (3) of the Code of Criminal Procedure , 1973 (‘Cr.P.C’ for short). Since the offence under Section 448 of is a minor offence to of , the petitioners were not sentenced for that offence. Challenging the judgment of conviction and sentence, the petitioners filed Crl.A.No.97 of 2014 before the Sessions Division, Kasargod and by the judgment dated 13.11.2014, the III^rd Additional Sessions Judge dismissed that appeal, confirming the conviction and sentence. Being aggrieved, the petitioners are now before this Court with the present revision petition filed under Section 397 read with Section 401 of Cr.P.C.

2. The prosecution case is that on 05.03.2008, at about

7.45 p.m., the accused, five in numbers, formed themselves into an unlawful assembly in front of Radhas Garments and Tailoring Centre owned by PWs 1 and 3 situated at Puthukai Village, and in prosecution of their common intention, trespassed into that shop by break opening the lock and caused damages to the tune of Rs.20,000/-, by damaging four sewing machines, furniture and clothes.

3. On the basis of the first information statement of PW1, the Police registered the FIR as Crime No.155 of 2008 for the offences under Section 143 , 147, 457, 427, 380 read with Section 149 of IPC . During the course of the investigation, the Investigating Officer filed a report before the learned Magistrate, deleting Sections 457 and 380 of the . On arrest, accused Nos.1, 2 and 5 were released on bail by the Police in view of the deletion of non-bailable offences. On completion of the investigation, PW7 laid the final report before the jurisdictional court and it was taken cognizance by the learned magistrate. On receipt of the summons, except accused No.2, who was no more by that time, all the accused appeared and were enlarged on bail. Copies of all prosecution records were furnished to accused Nos.1, 3, 4 and 5 under Section 207 of Cr.P.C. After hearing both sides, the learned Magistrate framed charge for the offence under Secs. 143, 147, 148, 448, 427 read with 149 of against the accused, to which they pleaded not guilty.

4. From the side of the prosecution, PWs 1 to 8 were examined, Exts. P1 to P3 documents were marked, and MO1 to MO7 material objects were identified. During prosecution evidence, Exts. D1 and D2 were marked from the side of the accused. When examined under Section 313 (1)(b) of Cr.P.C, all the accused who faced the trial denied the incriminating circumstances brought out against them.

5. During the course of arguments, the learned Magistrate found that the accused were to be tried for the offence under Section 457 of the IPC also. Therefore, charge under of the was also framed against the accused. Thereafter, opportunity was given to the prosecution and the accused to recall the witnesses, and they were examined further. On the application of the prosecution, two addition