KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in C. C. No. 517 of 1972 is the revision petitioner before me He was charged for the offence under S. 468, 471 and 420 ipc. and was tried by the Additional First Class Magistrate, Nedumangad. He was convicted for all the offences and sentenced to undergo rigorous imprisonment for three months one each count. THE sentences were directed to run concurrently. In appeal, the Sessions Judge, Trivandrum, confirmed the conviction and sentence and hence this revision.

(2.) THE accusation against the petitioner, who was a conductor in the R. K. V. Motor service, is that he on 16 21971 at about 11-15 a. M. got into the bus K. L. R. 4192 at the southern junction on the nedumangad-Pazha-kutty road and handed over a chit Ext. P1 to P. W. 2, the conductor of that bus. THE representation made by him was that the chit Ext. P-1 was given to him by P. W. 1, the proprietor of the bus. THE instruction contained in the chit was for payment of Rs. 50/- to the petitioner. On the strength of the chit a sum of Rs. 50/- was handed over to the petitioner by the conductor, P. W. 2. P. W. 4 is the driver of the bus. P. W. 5 is an independent witness who got into the bus and who deposed that he saw the chit being passed on by the accused to PW. 2 and the conductor P. W. 2 in turn giving money to the accused.

(3.) THE learned Sessions Judge in appeal considered the prosecution evidence, accepted the same and confirmed the conviction and sentence. But surprisingly the appellate judge failed to consider the defence evidence and it was solely on the prosecution evidence that the conviction and sentence were confirmed.