O R D E R

The revision petitioners, who are accused Nos.1 to 4 in C.C.No.582/1997 on the file of JFCM, Koothuparamba, challenge the conviction entered and the sentence passed against them by the courts below concurrently for offences punishable under sections 447 and 427 read with section 34 IPC .

2. The case of the prosecution can be summarised as follows:-

On 9.4.1997 at about 1.00 a.m. the accused persons out of their previous enmity towards PW2, the defacto complainant, committed criminal trespass by entering into the paramba of PW2 in Sivapuram amsom and committed mischief by destroying 121 plantains causing a loss of Rs.20,000/-.

3. On the side of the prosecution PWs 1 to 7 were examined and Exts.P1 to P3 were marked. PW2 is the defacto complainant. PW5, who is a worker of PW2, is the occurrence witness.

4. After the close of the prosecution evidence, the accused were questioned under section 313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They did not adduce any defence evidence on being called upon to do so. 5. The learned Magistrate after