JUDGMENT :

1. The appellants are the accused numbers 3 and 5 in S.C. No. 1179/2005 on the files of the Court of Additional Sessions Judge (Adhoc) III, Kollam. The aforesaid case arises from Crime No. 96/2004 of Paravur Police Station. As per the final report submitted therein, six persons were implicated as accused persons alleging offences punishable under section 395 of the Indian Penal Code (IPC).

2. The prosecution case is as follows:

On 10.3.2004 at about 1.30 p.m. accused persons came in an autorickshaw bearing registration No. KL01 J 3930, driven by the 5th accused near the house of CW1 taking building No. 13/134 of Paravur Municipality. Thereafter, accused Nos. 1, 3, 4 and 6 trespassed into the residence of CW1 after breaking open the door at the eastern side and keeping the 2nd and 5th accused outside the house to guard them. Thereafter, they committed theft of 44 sovereigns of gold ornaments and currency note worth Rs.1,000/- kept locked in a suitcase on the table placed in the bedroom, including two sovereigns of gold bangles and three sovereigns of gold chain with locket kept inside the almirah in the dining room thereby committed theft of gold ornaments and currency notes