KOCHU MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused numbers 3 and 5 in S.C.No.1179/2005 on the files of the Court of Additional Sessions Judge(Adhoc)III, Kollam. The aforesaid case arises from Crime No.96/2004 of Paravur Police Station. As per the final report submitted therein, six persons were implicated as accused persons alleging offences punishable under Sec. 395 of the Indian Penal Code (IPC).

(2.) The prosecution case is as follows: On 10/3/2004 at about 1.30 p.m. accused persons came in an autorickshaw bearing registration No. KL01 J 3930, driven by the 5th accused near the house of CW1 taking building No.13/134 of Paravur Municipality. Thereafter, accused Nos.1,3,4 and 6 trespassed into the residence of CW1 after breaking open the door at the eastern side and keeping the 2ndand 5th accused outside the house to guard them. Thereafter, they committed theft of 44 sovereigns of gold ornaments and currency note worth Rs.1,000.00 kept locked in a suitcase on the table placed in the bedroom, including two sovereigns of gold bangles and three sovereigns of gold chain with locket kept inside the almirah in the dining room thereby committed theft of gold ornaments and currency notes worth Rs.1,55,000.00. The investigation was conducted by the Sub Inspector of Police, Paravur and the final report was submitted before the Judicial First Class Magistrate Court, Paravur, where it was taken into file as C.P.No.58/2005. Later, the matter was committed to the Sessions Court, Kollam, and the same was made over to the Additional Sessions Court (Adhoc)III, Kollam, where it was tried as S.C.No.1179/2005. Even though the offence alleged against the accused persons in the final report was under Sec. 395 IPC, the learned Sessions Judge framed the charge against the accused persons for the offences punishable under Ss. 380,454 and 461 r/w. Sec. 34 of the IPC.

(3.) In support of the prosecution case, PWs.1 to 15 were examined, Exhibits P1 to P23 were marked, and material objects 1 to 4 were identified. After completion of the prosecution evidence, the accused persons were examined by the court under Sec. 313 of the Code of Criminal Procedure Code (Cr.PC) and incriminating materials brought out during the trial were put to them. All of them denied the same and pleaded not guilty.