SUDHAKUMAR S/O.SADASIVAN NAIR ERAVILAMOTTANATTU VIA MANAKATTUKADAVU PADMAVILASOM VEDDU, VILAVOORKAL DESOM VIRAVOORKAL Vs. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE revision petitioner is the first accused in Crime No. 194/96 of Kattakkada Police Station for having committed the offence punishable under Sections 454, 461 and 380 r/w Section 34 IPC.

(2.) The prosecution allegation is that on 6.7.96 at 12 noon, the revision petitioner along with another person, committed house breaking and committed theft of gold ornaments. A complaint was laid before the police by PW1 who is the owner of the house. PW2 is the wife of PW1. PW13, who is the Investigating Officer, arrested the first accused on 1.8.96 and the second accused on 28.4.96. Based on the confession statement said to have been given by the accused, various gold ornaments were recovered. The investigation was completed and charge was laid before court.

(3.) THE trial court took cognizance of the offence. The second accused absconded and so, the case against him was split and re -numbered as CC No. 999/07. On appearance of the first accused, the necessary formalities were complied with. The particulars of the offence were read to him, to which he pleaded not guilty and claimed to be tried. The prosecution, therefore, had PWs 1 to 13 and had Exts.P1 to P18 marked. MO1 to 14 were also got identified and marked. After close of the complainant's evidence, the accused was questioned under Section 313 of Cr.P.C. He denied all incriminating circumstances brought out in evidence against him and maintained that he is innocent. However, he chose to adduce no evidence in support of his defence.