SUBRAMANIAN 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 petitioner is the 2nd accused in C.C.No.501/2010 on the files of the Judicial First Class Magistrate Court, Pattambi. The revision petitioner assails judgment in the above case dtd. 7/9/2013 and the judgment in Crl.Appeal No.306/2013 on the files of the Additional Sessions Court, Palakkad dtd. 30/9/2015 arose therefrom.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant documents to exercise the power of revision available to this Court.

(3.) The case of the prosecution is that at about 4 p.m on 21/2/2006, accused Nos.1 and 2 with dishonest intention of committing theft travelled together on a motorcycle bearing Registration No.KL 8/Z7257 and when they reached near the defacto complainant, a lady aged 60 years, the 1st accused snatched away the gold chain worn by the defacto complainant weighing 1' sovereigns and they disappeared from the scene of occurrence to hide themselves. On these facts, crime was registered alleging commission of offence punishable under Sec. 379 Cr.P.C r/w 34 of the Indian Penal Code.