SANAL K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) In C.C.No.505 of 2014 of JFCM Court-I, Hosdurg tried the petitioner for the offences under Sections 380, 457 and 461 IPC. The trial ended in his conviction. For the offence under Section 380 IPC he was sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.3000/- and under Section 457 IPC to undergo simple imprisonment for two years and to pay a fine of Rs.3000/- and for the offence under Section 461 IPC to undergo simple imprisonment for one year. There was a direction that the sentences shall run concurrently. Crl.Appeal No.194 of 2014 filed by him was dismissed by the Sessions Judge, Kasaragod. Its correctness is challenged.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) On the information given by PW1 that in the night on 26.10.2013 somebody broke into his jewellery shop and committed theft of certain gold and silver ornaments the police registered the case. The investigation revealed that the thief came to the shop room by making a whole in the wall. A chance finger print was obtained from the place of occurrence. It was found that it was that of the petitioner. PW12 CI of Police arrested the petitioner on 14.12.2013. According to the prosecution on the information given by the petitioner MO1 to MO10 series ornaments and MO11 box and MO12 gold ingot were seized. The trial court relied on the finger print obtained from the place of occurrence and the recovery made paursuant to the alleged information by the petitioner to convict him.