C P JUNAID Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been filed under Ss. 397 and 401 of the Code of Criminal Procedure and the revision petitioners, who are accused Nos.1 and 2 in C.C.No.280/2008 on the files of the Judicial First Class Magistrate Court, Vadakara, assail conviction and sentence imposed by the learned Magistrate as per judgment dtd. 18/8/2012 in the above case as well as judgment in Criminal Appeal No.550 of 2012 dtd. 4/12/2015 imposed by the Additional Sessions Court, Vadakara, confirming the conviction and sentence.

(2.) Heard the learned counsel for the revision petitioners/accused and the learned Public Prosecutor in detail.

(3.) Summary of the case: Prosecution allegation is that at about 04.15 hours on 6/12/2007 accused Nos.1 and 2 came on a motorcycle bearing Registration No.KL 18C 9945 and the 2nd accused snatched away a gold chain worn by the second witness. Thereafter, the accused hided from the place of incident. This is the base on which the prosecution alleges commission of offence punishable under Sec. 379 of the Indian Penal Code (hereinafter 'IPC' for short). During investigation, accused 1 and 2 were arrested and thereafter they were enlarged on bail. Trial court tried the matter after complying the pre-trial formalities. During trial, PWs 1 to 10 were examined and Exts.P1 to P6 and M.O 1 were marked.