PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused Nos.2 in C.C.No.390/2001 of the Judicial First Class Magistrate's Court, Kattappana. He and seven others faced prosecution in the court below on the allegation that on 01.08.2001, they committed theft of some cast iron sockets, and telephone posts stored by a contractor of the Telephone Department within the Thankamani Telephone Exchange. The police registered the crime on the complaint made by the said contractor. During investigation, some parts of the stolen articles were seized by the Sub Inspector of Police, Kattappana, and after investigation he submitted final report in Court.

(2.) The eight accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined 11 witnesses, and proved Exts.P1 to P10 documents in the trial court. MO1 to MO10 series properties were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused Nos.1, 3 to 6 and 8 not guilty, and accordingly they were acquitted. The accused Nos.2 and 7 were found guilty under Section 379 IPC. On conviction, they were sentenced to undergo simple imprisonment for six months each, and to pay a fine of Rs. 1,000/- each.

(3.) Aggrieved by the judgment of conviction dated 23.05.2005, the accused Nos.2 and 7 approached the Court of Session, Thodupuzha with Crl.Appeal No.168 of 2005. In appeal, the learned Additional Sessions Judge, Adhoc-II, Thodupuzha confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the second accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.