BABU VELLERIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No.698/2004 on the file of the Judicial First Class Magistrate Court-I, Manjeri. In a prosecution under Section 379 of the Indian Penal Code, the learned Judicial First Class Magistrate-I, Manjeri, convicted and sentenced the accused to undergo simple imprisonment for three months for the offence punishable under Section 379 IPC and also to undergo simple imprisonment for three months for the offence punishable under Section 201 IPC. Both the sentences referred to above were ordered to run concurrently. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.142/2006 before the Additional Sessions Court-I, Manjeri. By judgment dated 22.08.2007, the learned Sessions Judge confirmed the conviction and sentence imposed by the trial court and dismissed the appeal. Feeling aggrieved, the accused preferred this revision.

(2.) The prosecution case in brief is that, on 04.07.2008 at about 4 p.m, the accused committed theft of a motorcycle bearing registration No.KL10/M-7193 from the compound of a cinema theatre under the name and style 'Devaki Cinema Theatre' at Manjeri and altered the registration number of the vehicle so as to cause disappearance of evidence.

(3.) During the trial, the prosecution examined PWs 1 to 13 and marked Exts.P1 to P9. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) Cr.P.C. The accused denied his complicity in the case.