SHAMSUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 2 nd accused in CC No.846 of 2004 on the file of the Judicial First Class Magistrate Court, Koyilandy and the appellant in Crl.Appeal No. 966 of 2007 on the file of the Additional Sessions Court, Fast Track (Adhoc 1), Kozhikode. The offence alleged against the accused 1 and 2 were punishable under Section 379 r/w 34 of the Indian Penal Code .

(2.) The prosecution case in brief is that, on 14.07.2003 at about 17.00 hours the accused 1 and 2 in furtherance of their common intention committed theft of a motorcycle bearing registration No.KL 11/K 4357 owned by PW5-Majith, S/o. Sidharthan and possessed by his brother Manoj from the premises of building No.39/1394 at Pavangad of Puthiyangadi Taluk by dishonestly moving it out of PW1's possession without his knowledge and consent while it was parked at the above place and entrusted it to the 1st accused for sale. The accused 1 and 2 committed the offence punishable under Section 379 r/w 34 of the IPC .

(3.) Pursuant to the summons issued by the court, the 2nd accused entered appearance. However, the 1st accused was an absconder during trial. Hence, the case against him was split up.