1. In C. C. 229 of 1981, on the file of the Additional Judicial First Class Magistrate, Trivandrum, accused Chandran was charged with offences under S.454,461 and 380 IPC. on the allegation that on 19-9-1981 he trespassed into the house in the possession of pw. 1, entered the house through the window of the kitchen by removing the bars and committed theft of steel vessels and sari which were kept on a dining table and in an almirah in the room, in the absence of pw.1. On returning home and on discovering the burglary, pw.1 reported the matter before Vanchiyoor Police and a case was registered as Crime No. 241 of 1981 and the investigation commenced. On 26-10-1981, when the accused was reportedly attempting to sell the stolen articles to a hotelier, pw 4, he was arrested by the Head Constable of Police pw. 5 and the articles were seized. After completing investigation pw. 7 laid the charge. The accused was in judicial custody and pleaded not guilty. He did not have the assistance of a counsel. Prosecution examined 7 witnesses and marked P1 to P4 and M.Os.1 to 8. The defence did not tender any evidence. The accused did not even cross-examine any witness. The case ended in