JOLLY S/O THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Sections 454 and 380 I.P.C. The petitioner was sentenced to R.I. for a period of 4 years under Section 380 I.P.C. No separate sentence is awarded under Section 454 I.P.C. Set off was allowed.

(2.) The prosecution alleged that the petitioner had committed theft of MO1 series from the premises of PW 1, President of a society, at 10 a.m. on 12.6.2000. The petitioner had allegedly committed theft in furtherance of the common intention which he shared with the second accused. The co-accused/A2 was found not guilty and acquitted by the trial court.

(3.) PW 1 had lodged Ext. P1 complaint. The petitioner was arrested by PW 11. On his interrogation, he furnished information about the disposal of MO1 series to PW 5. Under Ext. P2 seizure mahazar MO1 series other than the 'Adakallu' were recovered by PW 11 from PW 5. PW 5 had sold the 'Adakallu' to PW 7 and under Ext. P4 seizure mahazar the same was also recovered by PW 11. In the course of investigation it was revealed that the stolen articles were transported by the accused from the shop of PW 3 to the premises of PW 5 in the autorikshaw of PW 2. It was further revealed that earlier the articles were transported in the autorikshaw of PW 4 to the shop of PW 3 and an attempt was made to sell the same to PW 3. PW 3 did not purchase the same and hence they were taken to PW 5. Ext. P5 is the F.I.R. registered on the basis of Ext. P1. Ext. P3 is the scene mahazar. PW 8 is an attester to Ext. P3 scene mahazar. PW 10 is the officer who registered the F.I.R.