MOHANAN @ MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant revision is filed by the 1st accused in C.C.No.179 of 1994 of the Judicial Magistrate of First Class Court, Sulthan Bathery.

(2.) The prosecution case is that, the petitioner herein, along with four others, committed theft of 360 Kgms of pepper belonging to PW1 from his premises at Marappanmoola in Pulpally Amsom in the intervening night on 8.6.1993 and 9.6.1993 and thereby committed the offence punishable u/s 457 and 380 r/w S.34 of the IPC.

(3.) The prosecution examined as many as five witnesses to prove the offence through whom Exts.P1 to P4 were marked. On the side of the defence, one witness was examined as DW1 and Exts.D1 and D2 were marked. At the close of the trial, the learned Magistrate, as per judgment dated 19.5.1999, came to the conclusion that the prosecution had succeeded in bringing home the finding of guilt and the petitioner was convicted u/s 457 and 380 of the IPC and he was sentenced to undergo rigorous imprisonment for three years u/s 380 of the IPC and to undergo rigorous imprisonment for two years u/s 457 of the IPC. Accused Nos.2 and 5, who were also tried along with the petitioner, were found not guilty of the offence and they were acquitted.