BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioners are the accused in C.C.No. 765/1995 on the file of Judicial Magistrate's Court, Kunnamkulam, who were the appellants in Crl.A.No.97/1999. Accused 1, 3 and 4 are the revision petitioners in Crl.R.P.No.14/2002 and second accused is the revision petitioner in Crl.R.P.No.505/2001. Prosecution case is that husband of PW1 is working in Bahrain. She, along with her mother PW2 and children, were residing in a house at Marathamcode. On the night of 27.5.1995, as usual, they slept at 9 p.m. On the next day morning when PW2 woke up, it was found that the drawer of the table was found opened. PW2 called PW1. PW1, on verification, found that gold ornaments, watches and VCP were stolen from the house and the burglars had entered the house by removing the tiles of the roof and committed theft. PW1 furnished Exhibit P1 F.I. Statement at 9.30 a.m. and based on it, crime was registered under Exhibit P16 FIR. While the case was being investigated, getting information that first accused is involved in the case, he was called to the police station and PW11 questioned him on 11.6.1995. On getting information that other accused are also involved, accused 2 and 3 were arrested at 4.10 p.m. from Marathamcode Bus Stand. All the three accused were taken to the police station and questioned. Based on the information furnished by the first accused MOs 6 and 7 watches were recovered under Exhibit P6 mahazar on 11.6.1995 at 5.30 p.m. in the presence of PW10. On the information furnished by the third accused MO2 gold chain, MO3 padasaram and MO4 series of gold biscuits were recovered at 6 p.m. in the presence of PW7, the attesting witness, under Exhibit P2 mahazar, from PW4, where the third accused allegedly kept them in a bundle. On the information furnished by the third accused, MO8 VCP was also recovered under Exhibit P9 mahazar at 7.20 p.m. On the information furnished by the second accused, MO1 waist chain (Mutharanjanam) was recovered under Exhibit P5 mahazar in the presence of PW9. PW12 arrested the fourth accused on 18.8.1995. On the information furnished by the fourth accused, MO9 wedding ring of PW1 was recovered under Exhibit P4 mahazar from PW5 in the presence of PW6.

(2.) AFTER completing the investigation, charge was laid before Judicial First Class Magistrate's Court, Kunnamkulam alleging that the four accused committed offences under Sections 380, 457 and 461 of Indian Penal Code read with Section 34 of Indian Penal Code. Petitioners pleaded not guilty. Prosecution examined 12 witnesses and marked 12 exhibits and identified MOs 1 to 9.