BABUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C.No.37 of 1990 of the Court of the Judicial Magistrate of First Class, Kottarakara is the revision petitioner. He was charged under S.457, 380 and 461 IPC Learned Magistrate found him guilty of the offence, convicted him and sentenced him to undergo rigorous imprisonment for 2 years under S.457 IPC. rigorous imprisonment for 3 years under S.380 IPC, and rigorous imprisonment for one year under S.461 IPC. The sentences were directed to run concurrently. He filed Crl. Appeal 128 of 1990. The said appeal was dismissed by the learned First Additional Sessions Judge, Kollam, and this revision is directed against the said judgment.

(2.) According to the prosecution on 22-6-1989 at about 2-30 in the night, the accused committed lurking house trespassed by breaking upon the shutters of 'Prince Radio and Watch Works, belonging to PW-1 situated in Kizhakkumbhagom in Chithira Village and committed theft of Ten Radios and Four Taperecorders which were placed on the table within the shop and also committed theft of 25 watches which were kept in the drawer of the table.

(3.) PW-1 tendered Ext. P1 F.I. Statement as to the occurrence at 10 A.M. on 23-6-1989 before PW-12, Sub Inspector of Police who registered a crime against the accused under S.457, 380 and 461 IPC for which he prepared Ext. P8 FIR. PW-13, Circle Inspector of Police took over the investigation, proceeded to the scene and prepared Ext. P2 scene mahazar. Accused was then not known.