NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN Sessions Case No. 26/59 the accused who was charged for offences under sections 457 and 380 read with Section 511 of the Indian-Penal Code was found guilty but convicted under Section 456, I. P. C. , by the Assistant Sessions Judge of tellicherry. In appeal to the Sessions Court, the learned Sessions Judge quashed the conviction and acquitted the accused. On a perusal of the calendar, notice was issued by this court to the accused to show cause why the acquittal should not be set aside.

(2.) THE facts material for the determination of the question raised in this case may be briefly stated:

(3.) THE accused denied having entered the home of Pw. 1 and would have it that on that day at about nine in the morning there was an exchange of words between him and Pw. 1 and that Pw. 1 and others took him to the police station. In the committing Magistrate's Court he only denied that he had entered the house, but did not say anything about the morning incident: On a consideration of the evidence the learned Assistant Sessions Judge accepted the evidence off Pws. 1 to 3 and found that the accused had actual ly entered Pw. 1's house, but he found that there was no satisfactory evidence of house-breaking and no evidence of attempt to commit theft. According to the learned Assistant Sessions Judge there was also no evidence that the entry into house was with the object of committing theft and he, therefore, found the accused guilty only of the lesser offence under section 456, I. P. C. .