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2025 Supreme(Online)(KER) 7127

HIGH COURT OF KERALA
M.B. SNEHALATHA, J
OMANAKUTTAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.JOSEPH GEORGE SMT.NICEY A. MENON, SMT.MAYA M.N.

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 pe

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