O R D E R

Petitioners are the accused in S.T.2282 of 2003 on the file of Judicial First Class Magistrate, Kothamangalam. Prosecution case is that on the early morning of 6.9.2003 at about 4 a.m., in furtherance of their common intention, petitioners trespassed into the property in the ownership and possession of PW1, which lies on the south of Onnukal-Avolichal road and demolished the kayyala on the west and thereby caused a loss of Rs.15,000/-. On the information received by PW1, who was not in his house at that time, Ext.P1 F.I. Statement was lodged, based on which Ext.P3 F.I.R. was prepared and crime was registered. After investigation, charge was framed for the offence under sections 447 and 247 read with section 34 of Indian Penal Code. Petitioners pleaded no guilty. As second accused was absconding, case as against him was split up and only the other accused were tried.

2. The prosecution examined PWs 1 to 5 and marked Ext.P1 to P4. On the side of the defence Dws 1 to 3 were CRRP 3257/08 2 examined and Exts.D1 and D2 were marked. Learned Magistrate on the evidence found that petitioners in furtherance of their common intention demolished the western kayyala of the residential p