O R D E R

The de facto complainant/PW2 in C.C No.887/2002 on the files of the Judicial First Class Magistrate Court-I, Kochi, has filed this revision challenging the acquittal of the accused in the said case as per the judgment rendered by the learned Magistrate on 18.02.2006. The offences alleged in the aforesaid case were under Sections 323 , 427 and 451 I.P.C r/w Section 34 I.P.C.

2. The prosecution case is that on 23.01.2002 at about 5:30 p.m, the accused (respondents 1 to 4), in furtherance of their common intention, criminally trespassed into the shop of PW2, and inflicted voluntary hurt upon him by beating and kicking. It is further alleged that, as a result of the aforesaid act of the accused, the petitioner lost his gold chain resulting in a loss to the tune of Rs.18,000/-. In connection with the aforesaid incident, the S.I of Police, Njarakkal laid the final report alleging the commission of the offences, as stated above by respondents 1 to 4.

3. In the trial conducted before the learned Magistrate, the prosecution examined 12 witnesses as PW1 to PW12, and marked five documents as Exts.P1 to P5. From the part of the accused, one witness was examined as DW1, and two docume