SAIDALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in CC No. 410 of 1998 on the file of the Judicial First Class Magistrate Court-I, Pernthalmanna and the appellant in Crl. Appeal No. 41 of 2000 on the file of the Sessions Court, Manjeri. The offence alleged against accused 1 to 3 is punishable under Section 411 r/w Section 34 of the Indian Penal Code (hereinafter referred to as, "the IPC ").

(2.) The revision petitioner along with the 3rd accused faced trial before the trial court for the offence punishable under Section 380 r/w Section 34 of the IPC. It is alleged that PW9, the then Sub Inspector of Police, Valanchery, arrested the 1st accused in Crime No.167 of 1998 registered against the accused 1 to 3, alleging that on 15.05.1998 at about 2 pm, the accused 1 to 3, in furtherance of their common intention, committed theft of dried areacanuts belonging to PW1 and kept it in four gunny bags in Building No.X/172 of Kuruva Panchayat. The 2nd accused absconded during the trial and hence, the case against him was split up.

(3.) During the trial of the case, PWs 1 to 9 were examined and marked Exts.P1 to P6 and MO1 series on prosecution side. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of the Code of Criminal Procedure. They denied all the incriminating circumstances appearing in the evidence against them. However, no defence evidence was adduced.