P.D. Rajan, J.

This revision petition is preferred by the accused against the judgment in Crl.A.389 of 2001 of III Additional Sessions Judge, Thrissur. Revision petitioner was charge sheeted in C.C.657 of 1999 before Judicial First Class Magistrate, Kunnamkulam for offences punishable under Section 457, 380 IPC. The charge against him is that on 4.5.1999 at 2 am, he trespassed into the house of Suneesh, PW1 and thereafter committed theft of a tape recorder, Calculator and Rs.1000/- and thereby committed the offence punishable under Section 457, 380 IPC. Kunnamkulam police registered a crime and after completing investigation, S.I laid charge before Judicial First Class Magistrate, Kunnamkulam.

2. During trial, prosecution examined PW1 to PW8 and marked Ext.P1 to P4. Tape recorder and Calculator were marked as material objects 1 and 2. The incriminating circumstances brought out in evidence were denied by the accused while questioning him under Section 313 Cr.P.C. He examined DW1 in the trial court. Learned Magistrate convicted the accused under Section 457 and 380 IPC and sentenced to rigorous imprisonment for two years under Section 380 IPC and rigorous imprisonment for six m