NAWAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Dileep, the revision petitioner in Crl.R.P.No.1486/2010 was the 1st accused in C.C.No.1215/2001 on the file of the Judicial First Class Magistrate-II, Ernakulam. Nawab, the revision petitioner in Crl.R.P.No.1483/2010 was the 2nd accused in the above case. The offence punishable against the accused 1 to 3 is under Section 379 read with Section 34 of the IPC.

(2.) The accused 1 and 2 were found guilty under Section 379 read with Section 34 of the IPC and sentenced to undergo simple imprisonment for one year each under Section 379 read with Section 34 of the IPC and also to pay a fine of Rs.2,000/- each. The accused 1 preferred Crl.A.No.174/2007 before the Sessions Court, Ernakulam challenging the aforesaid judgment. Similarly, the accused 2 filed Crl.A.No.135/2007 before the Sessions Court, Ernakulam. Both the above appeals were heard together by the learned second Additional Sessions Judge, Ernakulam and dismissed the appeals as per common judgment dated 20.1.2010. Assailing the conviction and sentence, the accused 1 and 2 preferred the above revision petitions.

(3.) The prosecution case in brief is that, on 15.10.2000 at 6.30 pm. all the accused in furtherance of their common intention to commit theft on 15.10.2000 at 6.30 pm. proceeded with an autorickshaw bearing registration No.KL-7W-9770 belonged to the 1st accused and driven by the 3rd accused. It is alleged that when the autorickshaw reached at South Janatha Junction at Palarivattom, the 1st accused snatched away the gold chain of PW1 who was proceeding through the road from North to South and committed the aforesaid offence.