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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
BAIJU AGED 26 YEARS S/O.KUNJIKANNAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. establishment of theft through evidence (Para 2 , 4) |
| 2. court's review of evidence and established procedure in confirming conviction (Para 5 , 8) |
| 3. arguments regarding identity and recovery of stolen property (Para 6) |
| 4. limitations of revisionary powers in reviewing concurrent findings (Para 9) |
O R D E R
This revision petition has been filed challenging the concurrent finding of conviction and sentence in a prosecution under Section 379 of the Indian Penal Code .
2. The petitioners are the accused Nos. 1 and 2 in C.C.No.257/2008 on the files of the Judicial First Class Magistrate Court, Vatakara, (for short, the trial court), who faced trial for the offence punishable under Section 379 of the Indian Penal Code .
3. The prosecution case, in short, is that on
02.02.2008 at about 2:00 p.m., while PW2 was walking along the Valliyad-Mangalad public road, both the accused arrived on a motorcycle bearing registration No. KL-18-C-9945, which was being ridden by accused No.1, then accused No.2 snatched a gold chain weighing 4½ sovereigns from PW2 and thereby committed the alleged offence.
4. The prosecution examined PWs 1 to 8 and marked Exts.P1 to P6. MO1 gold chain was id
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