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2022 Supreme(Online)(KER) 29773

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SOUMINI
– Appellant
Versus

STATE OF KERALA – Respondent


Advocates:
THAREEQ ANVER K.SRI.VINOD RAVINDRANATH SRI.ASHWIN SATHYANATH SHRI.ANISH ANTONY ANATHAZHATH K.SALMA JENNATH

ORDER

The revision petitioner is PW2 in C.C. No.238/2011 of Chief Judicial Magistrate Court, Manjeri. The aforesaid calendar case arises from Crime No.29/2011 of Manjeri Police Station, which was registered for offences punishable under Sections 380, 454 and 461 of the Indian Penal Code.

2. The prosecution case is that on 16.01.2011 at about

11.30 a.m., the accused committed lurking house trespass by breaking open the front door of CW1’s house with the intention to commit theft and took away gold ornaments weighing 270 grams, a bank passbook, and a copy of driving license kept in the almirah. On the basis of the same, the final report was submitted, and as per the judgment dated 19.08.2016 in C.C.No.238/2011 of Chief Judicial Magistrate Court, Manjeri convicted the accused persons. Earlier, during the course of the investigation, the gold ornaments were recovered based on the confession statement of the accused and the said recovery was effected from jewellery owned by PW5. The gold ornaments were produced and marked as MO3 to MO9, and a gold coin was marked as MO10. It was also revealed that PW5, who purchased the gold ornaments, converted a part of the gold ornaments into an ingot

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