DEVASSIA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Wine and women are considered to be two of the weaknesses which many a man is said to have. Sebastian aged 26, pw. 1 in this case, was not a vegetable even though he was employed in a vegetable shop. His job was to go to Tamilnadu, purchase vegetables and bring it in a lorry to Kottayam. On 7-2-1979 he was accompanying the vegetable lorry to Kottayam A few hours before sunrise the lorry reached the road in front of Pushpagiri church south of the Karithas Junction. He saw a young woman standing on the road in front of the church wearing a saree. He told the driver that he wanted to answer the calls of nature. The driver stopped the lorry and he got down. He followed the woman and ascended the steps leading to the Pushpagiri church. Three others appeared on the scene He lost his seikho watch, Rs. 300/- cash he had with him and a gold chain, got done in jalaja fashion with a cross, weighing three sovereigns He cried aloud and came to the road. By that time, the driver had left with the lorry. He got into another vehicle and reached Kottayam.

(2.) The three persons and the woman were charged for an offence under S.394 IPC read with S.34. The Judicial Magistrate of the First Class, Ettumanoor who tried the case found all the accused guilty of an offence under S.394 IPC read with S.34, convicted and sentenced them to undergo rigorous imprisonment for two years.

(3.) The accused challenged the judgment of the Magistrate in appeals filed before the Court of Session, Kottayam. The Court of Session dismissed the appeals holding that the finding of the learned Magistrate that the accused were guilty of the offence under S.394 IPC read with S.34 thereof is correct.