JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner was the 1st accused in C.C. No.393/2000 on the files of the Judicial First Class Magistrate Court-I, Sulthan Bathery. He was prosecuted along with another accused for the offence under Ss. 457, 380 and 461 r/w Sec. 34 of the Indian Penal Code, 1860. After trial, the accused was found guilty for the offence under Sec. 457 of I.P.C, and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000.00, apart from an identical sentence for the offence under Sec. 380 of I.P.C. In the appeal preferred by both accused, by judgment dtd. 10/8/2004, the conviction and sentence imposed upon the accused were confirmed and the appeal was dismissed. Challenging the order of conviction and sentence, this revision has been preferred by the first accused.

(2.) According to the prosecution, on 12/5/1998, the accused had, in furtherance of their common intention, broke open the shop of PW1 and committed theft of 100 kg. of Pepper, 15 kg. of dried ginger and 15 kg. of coffee seeds and thereby committed the offences alleged.

(3.) In order to prove the prosecution case, PWs 1 to 10 were examined and Exts. P1 to P4 were marked. After analysing the evidence adduced, the Trial Court convicted the accused and sentenced them as mentioned above. The appeal preferred by the accused was also dismissed. This revision petition is preferred by the 1st accused.