POOTHANIKUNNEL JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 379 IPC in C.C.No.463 of 1997 of the Judicial First Class Magistrate's Court, Nadapuram. He faced prosecution in the court below on the allegation that at about 12 at night on 09.06.1997, he committed theft of 65 Kgs of cashew nuts contained in two bags, from the verandha of the tea shop of one Thomas at Chekkyad. The police registered the crime on the complaint made by the said Thomas, and the stolen article was recovered at the instance of the accused from the shop of one Kasim. After investigation, the police submitted final report in Court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined ten witnesses, and proved Exts.P1 to P5 documents in the trial court. MO1 property was also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 and projected a defence that the cashew nuts involved in this case is the nuts collected from his cashew garden. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for six months.

(3.) Aggrieved by the judgment of conviction dated 19.08.2000, the accused approached the Court of Session, Kozhikode with Crl.Appeal No.409 of 2000. In appeal, the learned Additional Sessions Judge(Adhoc-I), Kozhikode 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.