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2024 Supreme(Online)(KER) 34479

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
ASOKAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.R.T.PRADEEP

ORDER

[Crl.Revision Petition No.125 of 2017]

Dated : 5th November, 2024 This Revision Petition has been filed by the 1st accused in Crl.Appeal No.480/2010 on the file of the Additional Sessions Judge-I, Thiruvananthapuram, against the judgment confirming the judgment of the Judicial First Class Magistrate-III, Neyyattinkara in C.C.No.397/2004, convicting and sentencing him under Section 379 r/w 34 IPC .

2. The prosecution case is that on 23.10.1997 at around 1.30 p.m, the accused persons 1 and 2 came in a motor cycle and snatched away a gold chain worn by the de facto complainant at Churuli and thereafter they sped away in the motor cycle.

3. The evidence in the case consists of the oral testimonies of PWs 1 to 3 and Exts.P1 to P3 and P3(a). MO1 was identified. No evidence was adduced by the accused. After appreciating the available evidence, the trial court found the 1st accused guilty of the offence under Section 379 r/w 34 IPC , while the case against the absconding 2nd accused was re-filed. In appeal, the Sessions Court confirmed the finding of the trial court. Dissatisfied with the judgment of the Sessions Court, the 1st accused preferred this Revision raising various grounds.

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