RAJAN VALIATHAN Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) The revision petitioner herein is the defacto complainant in C.C. No. 315 of 1998 of the Judicial First Class Magistrate Court, Adoor, and the second respondent is the accused therein. The second accused faced prosecution under Sections 457, 380 and 461 IPC in the court below on the allegation that at about 7.30 p.m. on 06.10.1996, he trespassed into the house of one Rajan Valiathan, and committed theft of a gold chain of six sovereigns. The Police registered the crime suo motu on the basis of the statements given by the accused on interrogation on 16.10.1997. On 22.10.1997, the Police seized a gold ingot from the jewellery of one Gopalan Achari on the basis of the statement given by the accused, and 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 under the above Sections. The prosecution examined six witnesses and proved Exts.P1 to P3 documents in the trial court. The MO1 gold ingot was also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.