ABDUL RUBB Vs. C I OF POLICE, TANUR

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him in C.C. No.430/1999 of the Judicial First Class Magistrate Court, Parappanangadi under Sections 457, 461 and 380 IPC read with Section 34 IPC. He is the original 2nd accused in Crime No.95/1994 of the Tanur Police Station. The accused Nos.1 and 3 faced trial before the trial court in C.C. No.330/1995, and the case against the revision petitioner was split up and refiled, when he remained consistently absent. On trial in C.C. No.330/1995, the learned Magistrate found the accused Nos.1 and 3 guilty, and accordingly, convicted them. Instead of sentencing them, they were released on probation of good conduct by the trial court for one year. The 3rd accused later surrendered before the trial court, and faced trial in C.C. No.430/1999. He pleaded not guilty to the charge framed against him.

(2.) The prosecution examined 15 witnesses, and proved Exts.P1 to P6 documents in the trial court, and also identified MO1 to MO7 properties. The accused denied the incriminating circumstances, but he did not adduce any oral evidence in defence. Ext.D1 was marked on his side.

(3.) On an appreciation of the evidence, the trial court found him guilty. On conviction, he was sentenced to undergo simple imprisonment for three months each and to pay a fine of Rs. 1,000/- each under Sections 457, 461 and 380 IPC. Aggrieved by the judgment of conviction dated 9.2002, the accused approached the Court of Session, Manjeri with Crl.A. No.223/2002. In appeal, the learned Sessions Judge, Manjeri confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, he is before this Court in revision, challenging the legality and propriety of the conviction and sentence.