GIRISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The concurrent verdict of guilty, conviction and sentence imposed on the petitioner/first accused under S.394 IPC are assailed by him in this R.P.

(2.) The charge against the petitioner/first accused is that he along with the second accused waited outside the house of PW.1 on the night of 20.5.89. When PW.1, a woman aged more than 60 years, came out of her house to go to toilet at about 1.15 a.m., he along with the second accused caught hold of her, gagged her mouth and took away. MO.1 gold chain, MO.2 gold studs and MO.3 silver waist cord worn by her. Both the accused were working as employees of the brother inlaw of the victim PW.1. She was hence able to identify both of them. She lodged an FIR before the police on the very next day i.e. at 9 p.m. on 21.5.89 while she was undergoing treatment at the Hospital. In the attack, she had suffered injuries and was hospitalised for treatment of such injuries. Later both accused persons were arrested. MO.2 ornament was recovered from the possession of PW.7 with whom the petitioner/accused had pledged the same. MO.1 gold chain was seized from the house of the petitioner/first accused by the police. MO.3 waist cord was recovered from the possession of PW.6 to whom the second accused had handed over the same after the incident. Recovery of MOs.1 to 3 were made under S.27 of the Evidence Act. After completing the investigation charge sheet was filed by the police.

(3.) Both the accused persons denied the offence alleged against them. Thereupon the prosecution examined PWs.1 to 15. Exts.P1 to P9 were marked. M.Os.1 to 4 were also marked.