2002 Supreme(Mad) 987
T.M.HASSAN PILLAI
Mubarak – Appellant
Versus
State of Kerala – Respondent
Advocates:
P. Chandrasekhar, for Petitioner.
Public Prosecutor, for Respondent.
ORDER: While giving evidence as P.W. 1 in C.C. No. 1000 of 1999 on the file of the Judicial First Class Magistrate Court, Ponnani, 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 that patient told him that he saw one Mubarak, who has been arraigned as an accused after trial started by the learned Magistrate under Sec. 319, Crl.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. P.W. 1 visited Mubarak, who was undergoing treatment as an indoor patient and the said Mubarak 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 P.W. 1 asked Mubarak whether any motorcycle was owned by him, he made a clean breast saying that the motor cycle belonging to the brother of P.W. 1 was stolen jointly by Mubarak, Muhammed alias Shaji
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