USHA KUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under Section 482 Cr.P.C, the petitioner herein, who was examined as PW2 in C.C. No. 553/2001 on the file of the J.F.C.M-I, Neyyattinkara, challenges Annexure 4 order dated 1.07,2008 passed by the Magistrate dismissing her application filed as C.M.P. No. 3354/2006 under Section 452(5) and 456 Cr.P.C to confiscate, sell by public auction and pay to the petitioner the sale proceeds in respect of the 13 cents of property purchased by the 2nd respondent/accused (Nagendran) as per document No. 109/99 of Sub Registry Office, Kunnathukal by utilising the cash worth Rs. 2 lakhs and a portion of the sale proceeds of the jewellery stolen by him from the house of the petitioner's late father Balakrishna Pillai (CW2). The de facto complainant in the case is the petitioner's husband, Suresh Babu, examined as PW1.

(2.) In C.C. No. 553/2001 before the J.F.C.M-I, Neyyattinkara, the prosecution case was as follows:

(3.) The learned Magistrate, after trial, as per judgment dated 03.02.2006, found the 2nd respondent not guilty of the offence punishable under Sections 461 IPC but convicted him of the offences punishable under Section 457 and 380 IPC. For the conviction under Section 357 IPC, the 2nd respondent was sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- and on default to pay the fine to suffer imprisonment for one month. For his conviction under Section 380 IPC he was sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- and on default to pay the fine to suffer imprisonment for two months. The substantive sentences were directed to run consecutively. With regard to the final disposal of the property under Section 452 Cr.P.C, the trial court observed as follows: