ABDUL LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the third accused in C.C. No. 482 of 2004 of the Judicial First Class Magistrate Court-II, Hosdurg and the appellant in Crl. Appeal No. 203 of 2010 of the Sessions Court, Kasaragod.

(2.) The trial court and the appellate court found the accused guilty of the offences under Ss. 457 and 380 of IPC and he is sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5000.00 and in default of payment of fine, to undergo rigorous imprisonment for a further period of 6 months for the offence under Sec. 457 IPC. He is also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5000.00 and in default of payment of fine, to undergo rigorous imprisonment for a further period of six months for the offence under Sec. 380 IPC. Aggrieved by the concurrent findings of the trial court and the appellate court, the accused filed the present revision petition.

(3.) The prosecution case is that the petitioner, along with 3 other accused, committed housebreaking by night by removing the roof tiles of house No. V/389 of Uduma Panchayath owned by the de facto complainant at about 3.30 a.m. on 29/8/2001 and committed theft of a suitcase containing gold ornaments. The accused persons also committed theft of a CD player and a rado watch owned by the de facto complainant. Since the second accused was a juvenile, his case was forwarded to the Juvenile Court and as accused Nos. 1 and 4 were absconding, the case against them was split up.