ORDER

The defacto complainant / PW2 in C.C.No.125 of 1996 on the files of the Additional Chief Judicial Magistrate Court, Thalassery, has filed this revision petition challenging the common judgment rendered by the Sessions Court, Thalassery, setting aside the conviction and sentence of the accused in the aforesaid case by the Trial Court and ordering their acquittal.

2. The allegation against the accused was that they collected money from the defacto complainant, offering a visa for employment abroad, and failed to arrange the visa as promised. It is the further grievance of the defacto complainant that the amount collected from him was not returned by the accused. Thus the criminal prosecution was launched against the accused in Crime No.189 of 1993 of Panur Police Station, for the commission of the offence under Section 420 read with Section 34 IPC .

3. After analysing the evidence adduced by the prosecution through the examination of ten witnesses as PWs 1 to 10, and the marking of ten documents as Exts.P1 to P10, and also after taking note of two defence documents brought on record as Exts.D1 and D2, the learned Magistrate convicted accused Nos.1 and 2 for the commission of the