RAJAN @ MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 392 IPC in C.C.No.653/1994 of the Judicial First Class Magistrate Court, Alathur. He faced prosecution on the allegation that at about 7 p.m. on 7.9.1994, he snatched away a gold chain of the de facto complainant, Khadeeja on her way to her house. The accused was caught by the said Khadeeja and a witness, who came there, and he was later handed over to the police. The police registered the crime under Section 379 IPC on the basis of the F.I.Statement given by the said Khadeeja, and after investigation, submitted final report in court under Section 379 IPC. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The charge was initially framed under Section 379 IPC, but later it was altered to Section 394 IPC, after the examination in chief of the de facto complainant.

(2.) The prosecution examined seven witnesses, and proved Exts.P1 to P7 documents in the trial court. The stolen gold chain with its locket and broken links were identified as MO1 and MO2 properties during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the learned Magistrate found the accused guilty under Section 392 IPC. On conviction, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, by judgment dated 27.7.1998. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Palakkad with Crl.A.No.102/ 1998. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Palakkad confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.