IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.Rev.Pet.No. 608 of 2008() ----------------------------- CRA.657/2005 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.666/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER: APPELLANT --------------------------- CHERIPPU KUMAR @ KRISHNA KUMAR S/O.SOMAN, PUTHUVAL PUTHEN VEEDU KAMALESWARM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, FROM KOCHUTHOTTATHIL PRAYARTHEKKUM MURI, CHEPPAD VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 608 of 2008 * * * * * * * * * * * * * * * * * * Dated: 06-03-2008 ORDER The petitioner who was the first accused in C.C. No. 666 of 2003 on the file of the J.F.C.M., Kayamkulam for offences punishable under Sections 457, 461 and 380 read with Sec. 34 I.P.C. challenges the conviction entered and the sentence passed against him concurrently by the courts below. 2. The case of the prosecution as unravelled by the oral and documentary evidence is as follows:- The three accused persons with the intention of committing theft removed the window bar of the house belonging to P.Ws 1 and 2 (husband and wife) and committed theft of a gold chain weighing 1 ½ sovereign and and 10 gold rings of various sizes and fashion, three finger rings , five ladies watches, one tape recorder and some cash worth Rs. 42,000/- after the midnight of 17-6-2003. 3. A1 and A2 alone faced trial and A3 was absconding. The trial court acquitted A2 and convicted A1 the revision petitioner and sentenced him to rigorous imprisonment for one year under Sec. 457 I.P.C., rigorous imprisonment for six months under Sec. 461 I.P.C. Crl.R.P. NO. 608 of 2008 -:2:- and rigorous imprisonment for one year under Sec. 380 I.P.C. with a direction that the substantive sentences shall run concurrently. The conviction and sentence of the revision petitioner was confirmed in appeal. Hence, this revision. 3. Even though all the stolen items were not recovered by the police at the instance of the revision petitioner, MOs 1 to 5 which were seized under Ext.P3 seizure mahazar on the strength of Ext.P3 confession made by the revision petitioner, have been identified by both P.Ws 1 and 2 as a the properties which were stolen from their house. This is sufficient to justify the conviction. The conviction is accordingly, confirmed. The sentence imposed on the revision petitioner is also commensurate with the gravity of the offences and the daring manner in which the offences were committed. I see no ground to interfere with the conviction entered and the sentence passed against the revision petitioner. This Crl. R.P. is accordingly dismissed. V. RAMKUMAR, (JUDGE) ani. Crl.R.P. NO. 608 of 2008 -:3:-