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2013 Supreme(Online)(KER) 14217

HIGH COURT OF KERALA
P.D.RAJAN, J
OMANAKUTTAN – Appellant
Versus
STAE – Respondent


ORDER

The revision petitioner was convicted by the Judicial First Class Magistrate-I, Cherhala U/s. 457, 379 IPC and sentenced to undergo rigorous imprisonment for different periods under the above Sections. The sentences were ordered to run concurrently by the trial court and set off was allowed. An appeal filed by him was dismissed by the Additional Sessions Court (Fast Track), Alappuzha.

2. The prosecution case is that on 9.3.1995 at 2.25 a.m.

the accused trespassed into the house of PW1 and snatched a gold chain weighing 4 grams from her neck, while she was sleeping in her house. The accused was arrested in connection with a Crime No.68/1995 of Cherthala Police Station. During interrogation, he disclosed that he committed offence in this case also. On the basis of confession statement, the Police registered a Crime No.114/1995 and after completing investigation laid charge in the trial court U/Ss. 457, 379 IPC . On the above allegation, the prosecution examined PWs 1 to 7 and marked Exts.P1 to P3 and P1(a) and MO1 in evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning under Section 313 Cr.P.C. After analysing the oral a

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