FAISAL @ FACI Vs. STATE OF KERALA

JUDGEMENT

(1.) The concurrent findings of conviction and sentence upon the petitioners for the commission of offence under sec. 394 I.P.C read with Sec. 34 I.P.C by the Judicial First Class Magistrate Court, Nilambur and the Additional Sessions Court-III, Manjeri, are under challenge in this revision petition.

(2.) The prosecution case is that on 3/12/2010 at about 12:45 p.m, the accused came in a motorcycle and attempted to rob the gold chain from the neck of CW1 in furtherance of their common intention, and that during the course of commission of the above crime, they pushed down CW1 and inflicted voluntary hurt upon her.

(3.) Before the Trial Court, the prosecution examined six witnesses as PW1 to PW6, and brought on record five documents as Exts.P1 to P5. The accused were questioned under Sec. 313 Cr.P.C in respect of the incriminating circumstances brought out in evidence. They denied the accusation, but did not prefer to adduce any defence evidence. The learned Magistrate, after hearing both sides and evaluating the evidence on record, arrived at the finding that the accused were guilty of the offence under Sec. 394 I.P.C read with Sec. 34 I.P.C, and convicted them thereunder.