ABDUL SAMMED Vs. STATE

JUDGEMENT

(1.) Revision petitioner is the 2 nd accused in C.C.No.59/1996 on the file of the Judicial First Class Magistrate Court, Nilambur and the 2nd appellant in Crl.A.No.200/2001 on the file of the Sessions Court, Manjeri. By judgment dated 06.09.2001 in C.C.No.59/1996, the learned Judicial First Class Magistrate, Nilambur, convicted the accused for the offence under Section 379 of IPC and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one month more. Challenging the conviction and sentence the accused preferred Crl.A.No.200/2001 before the Sessions Court, Manjeri. The learned Sessions Judge by judgment dated 30.4.2003, dismissed Crl.A.No.200/2001 confirming the conviction and sentence imposed by the trial court.

(2.) The prosecution case is that, on 31.10.1995 at 5 am., the accused 1 and 2 committed theft of 7 teak logs from the compound of Nilambur North Divisional Forest Office at Kalathikadavu and thereby committed the offence punishable under Section 379 of IPC.

(3.) During the trial, PWs.1 to 7 were examined and Exts.P1 to P6 and MO1 teak timbers (7 in numbers) were marked. On closing the evidence of the prosecution, the accused were questioned under Section 313 of Cr.P.C.