While giving evidence as PW.1 in C.C.No.100/1999 on the file of Judicial first Class Magistrate, Court Ponnai, one Aboobacker deposed in examination in chief that the motor bike bearing Engine No.325089 and chassis No.5B 325089 (valued Rs.30,000/-) was stolen after 8 P.M. on 23-1-1999 and when he went on 10th February, 1999 to Amala Hospital, Thrissur for seeing a patient, a close relative of the patient told him that he saw one Mubarack, who has been arraigned as an accused after trial started by the learned Magistrate under Section 319 Cr.P.C. on allowing an application filed by the Assistant Public Prosecutor has been undergoing treatment at that hospital for the injury sustained by him in a motor accident. PW.1 visited Mubarack, who was undergoing treatment as an indoor patient and the said Mubarack told him that the injuries were sustained by him while he was riding a motorcycle and that he sustained injuries as a result of hitting of motor cycle on a bus. When PW.1 asked Mubarack whether any motorcycle was owned by him, he made a clean breast saying that the motorcycle owned by him, he made a clean breast saying that the motorcycle belonging to the brother of PW.1