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2018 Supreme(Online)(KER) 46774

HIGH COURT OF KERALA
P.UBAID, J
JOLLY AUGUSTIAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VIJAYA BHANU (SR.), SMT.P.MAYA, SMT.LAKSHMI.N.KAIMAL, SRI.L.RAJESH NARAYAN, SRI.RENJITH B.MARAR, SRI.C.K.PRASAD (PUBLIC PROSECUTOR)

ORDER

The revision petitioners herein are the 11 accused in C.C.No.612 of 2003 of the Judicial First Class Magistrate's Court-I, Thodupuzha. They challenge the conviction and sentence against them under Sections 143 , 147, 447 and 427 IPC .

2. They faced prosecution in the court below on the allegation that in prosecution of the criminal design hatched by them and others to widen a road at the Karimanoor village by acts of force and violence, they all, as a mass action, trespassed into the property of one James, committed some acts of mischief there, appropriated a small portion of the property, and thus widened the road by acts of trespass. The police registered the crime on the complaint made by the brother of the said James, and submitted final report in Court against 11 persons though the complaint alleged involvement of about 70 persons in the alleged act of trespass.

3. All the accused appeared before the learned Magistrate, and pleaded not guilty, when the substance of the accusation was read over and explained to them. The prosecution examined eight witnesses, and proved Exts.P1 to P4 documents in the trial court. All the accused denied the incriminating circumstances, when e

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