MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No 698 of 1999 of the Judicial First Class Magistrate Court, Kottayam. He and another person (second accused) faced prosecution before the court below under Section 380 read with Section 34 of the Indian Penal Code on the allegation that at about 2.15 a.m. on 04.08.1999, they committed theft of a stereo from the car No. KL7/Q-1279 belonging to one Raju Kuriakkose. The Police registered the crime on the complaint made by the said Raju Kuriakkose, and during investigation, the stolen article was recovered by the Police. After investigation, the Police submitted final report against the two accused.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Section 380 read with Section 34 of IPC. The prosecution examined seven witnesses, and proved Exts.P1 to P4 documents in the trial court. The MO1 car stereo was also identified during trial.

(3.) The accused denied the incriminating circumstances, and projected a defence of total denial when examined under Section 313 Cr.P.C., 1973. They did not adduce any evidence in defence.