IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.Rev.Pet.No. 2627 of 2008() ------------------------------ CRA.99/2008 of SESSIONS COURT, THALASSERY CC.254/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... REVN. PETITIONER: APPELLANT/2ND ACCUSED: ---------------------------------------------------------------------------- P.R.SHIBU @ BABU, S/O.RAFEL, COOLIE, AGED 35, KALLOOR (CONVICT NO.5859, CENTRAL PRISON, KANNUR) BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: COMPLAINANT/STATE: --------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2627 of 2008 = = = = = = = = = = = = = = Dated this the 6 th day of August, 2008 ORDER The revision petitioner, who is the 2nd accused in C.C.No.254 of 2007 on the file of the J.F.C.M, Mattannur for an offence punishable under Section 401 IPC, challenges the conviction entered and the sentence passed against him concurrently by the courts below for the said offence. 2. What has been unfolded by the oral and documentary evidence adduced by the prosecution is the following:- PW1 the Sub Inspector of Police, Mattannur was on patrol duty along with PW5, Assistant Sub Inspector, in the night of 23.3.07. While so, at about 3.15 a.m. when the Police party reached near the Mattannur Higher Secondary School, they saw three accused persons standing in the vicinity of the canteen. On seeing the police party the three persons attempted to make good their escape. They were restrained by the police party. PW1 identified the three persons in the light of the headlight of the police jeep. After restraining them a search of the persons Crl.R.P.No.2627 of 2008 2 resulted in the recovery of a small crow bar, a pair of pliers with A1, two haxo blades and two screwdrivers in the possession of A2 and one packet of chilly powder in the possession of A3. On interrogation by PW1 he entertained the reasonable belief that the said three persons were involved in several theft cases and convicted for similar offences. Mos.1 to 6 namely chilly powder, pliers, haxo blades, screwdrivers etc. were seized under Ext.P1 mahazar and a crime was registered as Crime No.122 of 2007 of Mattannur Police Station. 3. The courts below have concurrently accepted the prosecution case that the petitioner was belonging to a gang of thieves associated for the purpose of habitually committing theft or robbery and accordingly sentenced the revision petitioner along with 1st accused to rigorous imprisonment for two years each and to pay a fine of Rs.2,500/- each and on default to pay the fine to suffer rigorous imprisonment for two months under Section 401 IPC. 4. The learned counsel for the petitioner contented that it has not been proved that the petitioner was found associated with a gang of thieves. Crl.R.P.No.2627 of 2008 3 5. The courts below concurrently found that the petitioner was also in the company of A1 and A3 and two haxo blades were seized from the petitioner. He had no explanation for his presence there at the untimely hour nor had any explanation for possessing such tools. Under these circumstances, the conviction recorded by the courts below after a careful evaluation of the oral and documentary evidence does not call for any interference and the same is accordingly confirmed. The sentence imposed on the revision petitioner namely rigorous imprisonment for two years and to pay a fine of Rs.2500/- also cannot be said to be excessive, having regard to the antecedents of the revision petitioner, who is admittedly involved in other crimes of similar nature. I, therefore, do not find any good ground to interfere with the impugned order. This Crl.R.P is accordingly dismissed. Dated this the 6 th day of August, 2008. V. RAMKUMAR, JUDGE sj