JINSON Vs. STATE OF KERALA

JUDGEMENT

(1.) In this revision petition filed under section 397 read with section 401 of the Code of Criminal Procedure, the petitioner who is the 3rd accused in C.C.No.967/2001 on the file of the Judicial First Class Magistrate Court-I, Aluva for an offence under section 380 read with section 34 of the Indian Penal Code challenges the conviction entered and the sentence passed against him for the aforementioned offence.

(2.) The prosecution case falls in small compass :-

(3.) The gist of the allegation in the final report is that, on 13.06.2001 at 1.p.m., the accused Nos.1 , 2 and 4 committed theft of machine parts weighing 20 Kgs from the Kathai Cotton Mills in Aluva West Village and the petitioner, who was arrayed as the 3rd accused, carried the same in his autorickshaw knowing the same to be stolen articles and thereby committed offence punishable under section 380 read with section 34 of Indian Penal Code.