RAMESAN AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) These revision petitions are filed challenging the concurrent findings of conviction and sentence imposed on the revision petitioners in C.C. No. 571/2005 on the files of the Judicial First Class Magistrate's Court, Kolencherry, which was confirmed in Criminal Appeal Nos. 287/2013 and 306/2013 by the Additional District & Sessions Judge, Muvattupuzha. The revision petitioners in revision petition No. 558/2015 are accused Nos. 1 and 4 and the revision petitioner in revision petition No. 590/2015 is the 3rd accused in Crime No. 78/2004 of Ramamangalam Police Station. They along with the 4th accused were prosecuted for the offences punishable under Ss. 457, 461, 380 and 414 read with Sec. 34 of the Indian Penal Code and 1st accused was found guilty for all the said offences except offence under Sec. 414 of the Indian Penal Code and A2 to A4 were found guilty for the offence under Sec. 414 and acquitted of the offences under Ss. 457, 461 and 380 read with Sec. 34 Indian Penal Code. Now, 1st accused stands sentenced to undergo rigorous imprisonment for two years for the offence under 457 IPC and to undergo rigorous imprisonment for one year for the offence under Sec. 461 IPC and to undergo rigorous imprisonment for three years for the offence under Sec. 380 IPC. All the sentences shall run concurrently. Set off is allowed. Accused Nos. 2 to 4 stand sentenced to undergo rigorous imprisonment for two years each for the offence under Sec. 414 IPC. They are acquitted of the offences punishable under Ss. 457, 461 and 380IPC. Set off is allowed. The legality and propriety of the concurrent findings of conviction and sentence are under challenge in these revision petitions.

(2.) The prosecution case in brief is as follows: The 1st accused with an intention to commit theft, on 2.7.2004 early morning, entered into the house No. 11/21 of Pampakuda Grama Panchayat through the ventilator of the bedroom and opened the lock of almirah and stolen away gold ornaments kept therein. Then he took the key of another almirah, opened the same with that key and stolen away gold ornaments having a total weight of 72 sovereigns worth Rs. 3,02,400 kept therein. Thereafter, 1st accused sold and pledged the ornaments with the help of A2 to A4 and deposited Rs. 45,000/ - in the Co -operative Bank in name of his wife, the 4th accused. Thus, they have committed the offences punishable under Ss. 457, 461, 380 and 414 read with 34 IPC.

(3.) To prove the prosecution case, P.Ws. 1 to 25 were examined and Exts. P1 to P26 and D1 and material objects M.O. 1 to M.O. 18 were marked. The accused pleaded not guilty. But no evidence had been adduced in defence. They denied all the incriminating circumstances put to them while questioning under 313 of the Code of Criminal Procedure.