SELVARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) These three Criminal Revision Petitions have been filed by the convicted accused No. 1 to 3 in C. C. No. 41/97 on the file of the Judicial First Class Magistrate Court, Kattappana calling in question the legality, propriety and correctness of the concurrent findings of guilt recorded by the courts below (learned Judicial First Class Magistrate, Kattappana In C.C. No. 41 of 1997 as affirmed by the learned Additional Sessions Judge, Thodupuzha in Criminal Appeal Nos. 83, 84 and 86 of 1998). These revisions are heard together and are being disposed of by this common order.

(2.) The accusation made against the revision petitioners in the challan laid by PW 9 after verifying investigation was that in furtherance of their common intention to commit theft, the bars of the window of PW 1's house were broken by them and they gained entry into that house on the intervening night between 18th December 1995 and 19th December 1995 at about 1.15 a. m. and had stolen M. O.5 gold chain worn by PW 2 while she was asleep. It was alleged that the revision petitioners committed offences punishable under S.380 and 457 read with S.34 I.P.C.

(3.) With a view to connect the revision petitioners with the crime alleged, prosecution examined as many as 12 witnesses. The documentary evidence exhibited by prosecution was Exts. P1 to P4. The Material objects produced were M. Os. 1 to 5.