IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.Rev.Pet.No. 2194 of 2007() ------------------------------ CRA.2/2005 of SESSIONS COURT,WAYANAD, KALPETTA CC.51/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED. ----------------------------- THAITHARA BHASKARAN, (C.NO.3121, CENTRAL PRISON, KANNUR) AGED 32, S/O.CHATHU, RATHIRICHAL, 7/4, VELLAMUNDA. BY ADV. SRI.V.P.JOLY(STATE BRIEF) RESPONDENT(S)/RESPONDENT/COMPLAINANT: --------------- STATE REPRESENTED BY S.I. OF POLICE, MANANTHAVADY. PUBLIC PROSECUTOR SHRI C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2194 of 2007 -------------------------------------- Dated this the 23rd day of June, 2009. ORDER This revision is in challenge of judgment of learned Sessions Judge, Kalpetta in Crl. Appeal No.2 of 2005 confirming conviction and sentence of petitioner for offences punishable under Sections 454 and 511 of Section 380 of the Indian Penal Code. Case is that on 1.3.1999 at about 1 p.m. petitioner trespassed into the house of PW1 and attempted to commit theft. Prosecution examined PWs 1 to 4 and proved Ext.P1. 2. PW1, first informant stated that on 1.3.1999 he had been to the hospital where his wife was admitted and returned to his house at about 1 p.m.. He saw petitioner standing behind his house. When petitioner attempted to escape from the scene he was caught. PW1 found a ladder kept on the wall of his house and three tiles removed from the roof. On entering the house it was seen that the clothes and other articles were lying scattered on the floor. PW1 and others took the petitioner to the police station where PW1 gave Ext.P1, first information. PW2 is a neighbour and claimed to have come to the scene of occurrence hearing the hue and cry of PW1. He found the ladder on the outer wall of the house. According to PW2, articles were lying scattered inside the house. PW4, ASI stated that PW1 and others brought petitioner to the police station on 1.3.1999 at about 2.30 p.m.. PW4 arrested petitioner. Ext.P2 is the mahazar for scene of occurrence prepared by PW4. In Ext.P2 it is stated that Crl.R.P.No.2194/2007 2 three tiles of the roof were removed. Clothes and other articles were lying scattered in the room. Based on the above evidence learned magistrate found that petitioner committed offences as alleged. He was sentenced to undergo imprisonment and fine. Learned Sessions Judge confirmed the conviction and sentence. 3. Learned counsel contended that conviction of the petitioner is not legal or proper. According to the learned counsel, there is no reliable evidence to prove the alleged incident. 4. So far as the incident is concerned, there is evidence of PWs 1 and 2. Evidence of PWs 1, 2 and 4 show that PW1 and others produced the petitioner at the police station on the day of incident within a short time of occurrence. Ext.P2 shows that a few tiles on the roof were removed and the articles were lying scattered in the house. That also corroborated version of PW1. Mere fact that in Ext.P2, mahazar for scene of occurrence there is no reference to the ladder which according to PWs 1 and 2 was found kept on the outer wall of the house is not sufficient enough to discard the evidence of PWs 1 and 2. In the facts and circumstances of the case I am satisfied that courts below rightly found petitioner guilty for offences charged against him. There is no reason to interfere. Crl.R.P.No.2194/2007 3 5. So far as sentence is concerned, it is seen that the period of detention is already over. Even otherwise the sentence awarded is reasonable and required no interference. Accordingly this revision fails. It is dismissed. THOMAS P.JOSEPH, Judge. cks Crl.R.P.No.2194/2007 4 Thomas P.Joseph, J. Crl.R.P.No.2194 of 2007 ORDER 23rd June, 2009