The court confirmed the conviction for theft and house breaking, emphasizing that the revisional jurisdiction does not allow interference unless findings are grossly erroneous.

O R D E R

This revision petition has been filed assailing the judgment in Crl.A.No.225/2015 of Sessions Court, Kollam by which the conviction and sentence against the revision petitioner/A1 in C.C. No.645/2011 on the file of the Judicial First Class Magistrate Court, Karunagappally was confirmed by the appellate court.

2. Prosecution case is that in the wee hours of 28.3.2011, at about 1 am, A1 and A2 committed house breaking by night into Mookumpuzha Sree Bhadrakali Temple, Vallikkavu and committed theft of 4 traditional bronze lamps worth ₹1,500/- and a bicycle stationed near the premises of the temple. Final report was filed against the accused for the offences punishable under Sections 457 , 379 and 380 r/w Section 34 of IPC . After trial, the learned Magistrate found both accused guilty under and 380 r/w Section 34 of and convicted and sentenced them. They were found not guilty for the offence punishable under Section 379 . In Crl.A No.225/2015 filed by A1 before the Sessions Court, Kollam, was dismissed by confirming the conviction and sentence.

3. The point for consideration in this revision is whether the impugned judgment of conviction and sentence against the revision petitioner/A1 warrants any interference by this Court.

4. The evidence led by the prosecution is to the effect that on 28.3.2011 at around 1.50 am while the police party led by PW4, namely the Sub Inspector of Police, Karunagappally Police Station were on patrolling duty and when they reached near Kottappuram Konoth Junction, they could see A1 and A2 proceeding by a bicycle; A2 who was the pillion rider was carrying a gunny bag. On seeing the police party, the pillion rider namely A2 took to his heels by abandoning the gunny bag. The police party intercepted the bicycle ridden by A1. Upon inspection of the gunny bag, 4 bronze lamps were found in it. A1 could not furnish any satisfactory explanation for the possession of those lamps found in the gunny bag. Accordingly, PW4 arrested A1 and a crime was registered under Section 41(1)(d)/102(A) of Cr.P.C and the lamps were seized as per Ext.P1 seizure mahazar. Ext.P5 is the FIR and Ext.P1 is the seizure mahazar. According to the prosecution, the lamps seized from the accused as per Ext.P1 seizure mahazar were stolen property, which were stolen by the accused from ‘Mookkumpuzha Sree Bhadrakali Temple, Vallikkavu’.

5. To substantiate the case of the prosecution that the lamps were stolen articles, prosecution would rely on the version of PW1 who was the Secretary of the said temple. According to PW1, on the date of incident at about 5.30 am, the poojari of the temple informed him about the missing of lamps from the temple. Accordingly, PW1 reached at the temple and convinced that the lamps were missing. His further version is that while proceeding to the Karunagappally Police Station for laying complaint, he came to know that the police had caught the thief; when he reached at the police station he could see A1 Omanakkuttan there. The four lamps lost from the temple were also seen at the police station. PW1 has identified MO1 series and MO2 series as the lamps lost from the said temple.

6. PW4, is the detecting officer and he was the Junior Sub Inspector of Karunagappally Police Station. According to him, on 28.3.2011 at around 1.50 am, while the police party led by him was patrolling and when they reached near Kottappuram Konoth Junction, A1 and A2 were seen proceeding through the Vallikavu- Vavakkavu Road by a bicycle ridden by A1 with A2 as pillion rider. A2 was carrying a gunny bag; that upon seeing the police party, A2 took to his heels by abandoning the gunny bag which he was holding. The police party intercepted A1. Upon inspection of the gunny bag, four traditional lamps were seen in it. A1 could not furnish any satisfactory explanation for the possession of the said lamps seen in the bag. Accordingly, PW4 seized the said four lamps as per Ext.P1 seizure mahazar. He arrested A1 and registered the crime