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2011 Supreme(Online)(KER) 20520

HIGH COURT OF KERALA
P.Q.BARKATH ALI, J
A A JOSEPH SO A O AUGUSTINE – Appellant
Versus
PETER T THOMAS – Respondent


ORDER

Revision petitioners are the accused 1 to 3 in C.C.No.327/2001 before the Judicial First Class Magistrate II, Aluva and appellants in Crl.A.941/2002 on the file of Additional Sessions Court, North Paravur. They were convicted for the offences punishable under Section 342 and 323 r/w Section 34 IPC and were sentenced to undergo simple imprisonment for three months under each count by the trial court by judgment dated December 5, 2002. On appeal by the accused persons, the lower appellate court by judgment dated March 26, 2004 confirmed their conviction and sentence. The accused persons have now come up in appeal challenging their conviction and sentence. 2. The case of the defacto complainant, PW1 as testified by him as PW1 before the trial court and as stated in his complaint in brief is this:

PW1 is a practising lawyer at Ernakulam Bar. He was occupying Crl.R.P.No.1344/2004 2 a room which was originally obtained by the accused persons on lease. The access to the room in possession of PW1 was through the room in the possession of the accused persons. There was some dispute between PW1 and the accused persons regarding the room. On May 5, 1994 accused persons in furtherance of

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