PRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in C.C. No. 143/99 on the file of the Judicial First Class Magistrate, Chavakkad and the appellant in Crl. A. No. 300/2001 on the file of the 3rd Additional Sessions Judge, Thrissur is the revision petitioner herein. The revision petitioner along with the 1st accused in the case were charge sheeted by the Sub Inspector of Police, Guruvayoor Police Station in Crime No. 297/98 of that police station under Section 379 read with Section 34 of Indian Penal Code. The case of the prosecution in nutshell was that on 12.12.98 at about 4 a.m., both the accused in furtherance of their common intention of committing theft from near Guruvayoor Bus stand, first accused committed theft of purse containing Identity Card and ' 172/- from the pocket of P.W. 1 and handed over the same to the 2nd accused, who is the revision petitioner herein and thereby both of them have committed the offence punishable under 379 read with 34 Indian Penal Code.

(2.) After investigation, final report was filed against the accused persons for the above said offence. When they produced before the court, after hearing both sides, charge under Section 379 read with Section 34 Indian Penal Code was framed against them and the same was read over and explained to them and they pleaded not guilty. P.Ws. 1 to 4 were examined and Exhibits P1 to P3 and MOs. I to III series were marked on the side of the prosecution. After closure of prosecution evidence, the accused were questioned under Section 313 of Code of Criminal Procedure and they denied all the incriminating circumstances brought against them in the prosecution evidence. The revision petitioner further submitted that, he was admitted in Gurvayoor Devaswam Hospital on 11-12-98 at 6.30 a.m. and discharged only at 8 p.m. and he was taken to the police station by P.W. 3 while he was in the hospital and falsely implicated in the case. He had not committed any offence. In order to prove this case D.W. 1 was examined and Exhibit D1 was marked. After considering evidence on record, the learned Magistrate found both the accused guilty under Section 379 read with Section 34 of Indian Penal Code and convicted them there under and sentenced them to undergo rigorous imprisonment for one year each. Set off was allowed for the period of detention undergone by them in this case as under-trial prisoners. Aggrieved by the order of conviction and sentence passed by the learned Magistrate, the present revision petitioner filed Criminal Appeal No. 300/2001 before the Sessions Court, Thrissur and the same was disposed of by the 3rd Additional Sessions Judge, Thrissur by judgment dated 12-6-2003 dismissing the appeal. Dissatisfied with the same, the present revision has been filed by the revision petitioner, who is the 2nd accused in the lower court.

(3.) Heard the counsel for the revision petitioner and learned public prosecutor.