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31.12.2008 in C.C.No.513 of 1995 of the Chief Judicial Magistrate Court, Ernakulam. In the Chief Judicial Magistrate Court, Ernakulam, though altogether 12 accused have faced the trial for the offences punishable under Section 120B read with Sections 323,342,357,427,465 and 201 I.P.C. and Sections 323, 342,357,427,465 and 201 I.P.C. and accused Nos.4 to 6 and 8 to 12 were acquitted of all the charges levelled against them. Accused Nos.1,2,3 and 7 were also acquitted with respect to the offences under Sections 465 and 201 of I.P.C. Thus, the trial court has found that accused Nos.1,2,3 and 7 are guilty of the offences under Sections 120B, 323,342,357 and 427 I.P.C. On such conviction, accused Nos.1,2,3 and 7 were sentenced to undergo simple imprisonment for a period of one month for offence under Section 120B, three months simple imprisonment each for the offences under Sections 323, 342 and 357 of I.P.C., and six months for the offence under Section 427 I.P.C.. It was also ordered that the period of imprisonment should run concurrently. The trial court, after quantifying the damages, directed accused Nos.1,2,3 and 7 to pay a compensation of Rs.25,000/- each to the legal heirs of CW1 under Section 357(3) of the Cr.P.C., in default to undergo simple Crl.R.PNos 2924 & 3906 of 2009 :-3-:

5. Thus, while disposing the appeal preferred by the accused by the impugned judgment, the lower appellate court acquitted accused Nos.1 and 7 of all the charges for which they are found guilty by the trial court and partly allowed the appeal preferred by accused Nos.2 and 3, by setting aside their conviction and sentence under Sections 120B, 323 and 357 of I.P.C., but confirming their conviction under Sections 342 and 427 I.P.C. and in modification of the sentence ordered by the trial court, the lower appellate court directed them to suffer simple imprisonment till the rising of the court under Sections 342 and 427 of I.P.C. and each of them is ordered to pay Rs.25,000/- being the compensation under Section Crl.R.PNos 2924 & 3906 of 2009 :-4-:

43. Thus, in paragraph 161 of the judgment, the trial court has found that the prosecution proved the charge for the offence under Sections 120B read with Sections 323,342,357 and 427 of I.P.C, against accused Nos.1,2,3 and 7 and they were accordingly convicted for the said offences. It is further found that accused Crl.R.PNos 2924 & 3906 of 2009 :-30-:
Nos.1,2,3, and 7 are not guilty of offence under Sections 465 and 201 I.P.C. The trial court further found that accused Nos.4 to 6 and 8 to 12 are not guilty of the offences under Sections 120B, 323,342,357,427,465 and 201 I.P.C. On the basis of the above findings, the trial court acquitted accused Nos.4 to 6 and 8 to 12 of all the charges levelled against them and accused Nos.1 to 3 and 7 were also acquitted for the offence under Section 465 of 201 of I.P.C. On the conviction of accused Nos.1 to 3 and 7 for the offences under Sections 120B,323, 342,357 and 427 I.P.C., the trial court imposed the earlier mentioned sentence against the above accused.

Crl.R.PNos 2924 & 3906 of 2009 :-108-:

The alleged incident had taken place about 22 years back. The allegation of the prosecution agency regarding all other substantial offences against second and third accused and all other accused are found as incorrect and not proved and accordingly, they are acquitted. It is also relevant to see that accused Nos.2 and 3 were ordered to pay Rs.25,000/- each under Section 427 of I.P.C. besides the imprisonment till rising of the court under the above two counts. The finding under Section 427 of I.P.C. is with respect to the mischief committed with respect to the property of CW1 and on finding such guilty, the compensatory relief is already ordered which according to me, is sufficient to meet the ends of justice especially, when second accused has already retired from service and third accused is no more. No punishment of imprisonment more than a day that is, till the rising of the court, requires in the interest of justice, especially when the alleged offence had taken place 22 years back. The lower appellate court, on recording the conviction of accused Nos.2 and 3 under Sections 342 and 427 of I.P.C., in exercise of its discretion, imposed the above sentence and order for compensation, which according to me, for the above mentioned reasons, is quite legal, proper and adequate. Therefore, Crl.R.PNos 2924 & 3906 of 2009 :-109-: