AYOOB Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred by the appellant in Crl. Appeal No.268 of 2015 on the file of the Additional Sessions Court-II, Manjeri against the judgment dtd. 9/12/2016 confirming the conviction rendered by the Chief Judicial Magistrate, Manjeri in C.C No.125 of 2014 under Sec. 392 r/w 34 IPC and reducing the sentence to Rigorous imprisonment for two years and to pay a fine of Rs.20,000.00.

(2.) The prosecution case is that on 26/5/2011, at about 7.30 p.m. when the defacto complainant was walking along the Manjeri-Nilamboor Highway towards his quarters, accused persons 1 and 2 in furtherance of their common intention to rob him, pushed him to the side of the road to a depth of about 8 meters, tied his hands and legs using a piece of cloth, robbed his purse kept in his pocket, containing Rs.4,100.00, ATM card and identity card, after putting him in fear of death.

(3.) The evidence in the case consists of the oral testimonies of PWs 1 to 6 and Exhibits P1 to P10. MOs1 and 2 were identified. No evidence was adduced by the accused persons. After evaluating the evidence on record, the trial court convicted both the accused persons and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs.20,000.00 each.