IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
CHANDRAN NAIR – Appellant
Versus
MATHAI KUTTY, SASIDHARAN NAIR, RAMACHANDRAN NAIR, JONY, JOSEPH, ANIAN, JOHN THOMAS, STATE OF KERALA – Respondent
O R D E R
The de facto complainant/PW1 in C.C No.466/2004 on the files of the Judicial First Class Magistrate Court-III, Punalur, has filed this revision petition challenging the judgment rendered by the Sessions Court, Kollam in Crl.A No.576/2005 acquitting the accused in the aforesaid case.
2. The prosecution case is that on 16.03.2004 at about 11:30 p.m, the accused (respondents 1 to 7 herein) formed themselves into an unlawful assembly armed with dangerous weapons and committed rioting by criminally trespassing into the landed property of the de facto complainant, and cutting open a new way through it after causing destructions and loss to the tune of Rs.25,000/-. It is further alleged that the accused inflicted voluntary hurt upon the de facto complainant and his wife when they tried to intervene.
3. The Assistant Sub Inspector of Punalur Police Station laid the final report before the learned Magistrate alleging the commission of offence under Section 143 , 148, 447, 427 and 323 r/w Section 149 I.P.C. After a full trial with the examination of seven witnesses from the part of the prosecution as PW1 to PW7, and marking of nine documents as Exts.P1 to P9, and also after conside
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