IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.Rev.Pet.No. 610 of 2008() ----------------------------- CRA.214/2006 of I ADDL. SESSIONS COURT, PALAKKAD CC.289/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... REVN. PETITIONER: APPELLANT --------------------------- KUMARAN @ VIJAYAN, C.NO.2846, CENTRAL PRISON, KANNUR. BY ADV. SMT.SANGEETHA LAKSHMANAN(STATE BRIEF) RESPONDENTS: ------------- STATE OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON 10/07/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. ````````````````` Crl. R.P. NO. 610 Of 2008 ````````````````` Dated: 10-07-2008 O R D E R In this revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who is the accused in C.C. No.289 of 2005 on the file of the J.F.C.M. , Mannarkkadu for offences punishable under Sections 457, 380 and 461 I.P.C. challenges the conviction entered and the sentence passed against him for the aforementioned offences. 2. The case of the prosecution can be summarised as follows: On 3-8-2005 at about 12 midnight the accused broke open the coffers installed at the courtyard of the Mukkannan Siva Temple at Mukkannam in Mannarkkad Taluk and committed theft of currency notes and coins worth Rs. 1,554/- from the coffers. The accused also gained entry into the store room of the temple and after forcing open the lock of the iron trunk committed theft of the hanging lamps and the movable coffers worth Rs. 2,000/-. The accused have thereafter committed the aforesaid offences. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offences, the Crl. R.P. NO. 610 OF 2008 -:2:- prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 6 witnesses as P.Ws 1 to 6 and got marked 5 documents as Exts. P1 to P5 and a gold ingot as MOs1 to 5. 4. After the close of the prosecution evidence, the accused was questioned under Sec. 313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence. He did not adduce any defence evidence when called upon to do so. 5. The learned Magistrate, after trial, as per judgment dated 15-11-2005 found the revision petitioner guilty of the offences and sentenced him to simple imprisonment for two years and to pay fine of Rs. 3,000/- and on default to pay the fine to suffer simple imprisonment for three months under Sec. 457 and 380 I.P.C. each and simple imprisonment for one year under Sec. 461 I.P.C. On appeal preferred by the revision petitioner before the Sessions Court as Crl. Appeal No. 214 of 2006 before the Sessions Court, Palakkad, the I Addl. Sessions Judge as per judgment dated 29-6-2007 dismissed the appeal confirming the conviction entered and the Crl. R.P. NO. 610 OF 2008 -:3:- sentence passed against the revision petitioner. Hence this Revision. 6. I heard Adv. Smt. Sangeetha Lakshmana, the learned counsel appearing for the revision petitioner on State Brief and Adv. Sri. C.M. Nazar, the learned Public Prosecutor. 7. P.W.1 who is the treasurer of the temple lodged Ext.P1 F.I. statement before the Mannarkadu Police immediately after the occurrence. P.W.5 who was the Sub Inspector of Police came to the scene and prepared Ext.P2 scene mahazar as per which the evidence showing the forcing open of the coffers, the iron trunk, the lock of the movable offers etc. were noted. MO1 series of portions of the broken lock were seized as per Ext.P2 scene mahazar. PW5 is a devotee who deposed before court that she had donated MO3 series of hanging lamps to the temple and her name is engraved on them. The revision petitioner was arrested on 11-8-2005. On interrogation the revision petitioner confessed to P.W.6 that he had concealed the money worth Rs. 1,500/- and hanging lamps in his house. Ext.P3 is the relevant portion of his confession. In pursuance of the said confessionn he led the police party to his house from where MO2 movable coffers, MO3 series of hanging lamps and MO4 series of Crl. R.P. NO. 610 OF 2008 -:4:- currency notes and MO5 series of coins altogether worth Rs. 1,550/- were seized as Ext.P4 search list. P.W.1 has identified the MOs as the properties which were stollen from the temple. There was thus, evidence to connect the revision petitioner with the offence. Eventhough the learned counsel appearing for the revision petitioner assailed on various grounds the conviction entered against the revision petitioner, in as much as the conviction has been recorded by the courts below concurrently after a careful evaluation of the oral and documentary evidence in the case, this Court sitting in revision will be loathe to interfere with the said conviction which is accordingly confirmed. 8. What now survives for consideration is the question regarding the adequacy or otherwise of the sentence imposed on the revision petitioner. Having regard to the fact that the petitioner is involved in three other crimes namely Crime Nos. 146 of 2005, 147 of 2008 and 48 of 1997 of Nattukal Police Station for similar offences. I do not think that the sentence imposed on the petitioner is excessive or disproportionately harsh. I am also not inclined to give concurrency of the sentence imposed in this case with those in the other cases under Sec. 427 Cr.P.C. by applying the ratio in Crl. R.P. NO. 610 OF 2008 -:5:- Ammavasal and Anr. v. Sub Inspector of Police, Valliyannoor - AIR 2000 SC 3544 and Mohd. Akhtar Hussain v. Assistant Collector of Customs - AIR 1988 SC 2147. The sentence imposed on the revision petitioner is confirmed. In the result, this Revision is disposed of confirming the conviction entered and the sentence imposed as above. V.Ramkumar, Judge. ani. Crl. R.P. NO. 610 OF 2008 -:6:- V. RAMKUMAR, J. ````````````````` Crl. R.P. NO. 610 Of 2008 ````````````````` Dated: 10-07-2008 O R D E R