O R D E R

The revision petition is filed questioning the legality and correctness of the judgment in Crl.A. No.61/2010 of the Court of the Additional Sessions Judge, (Adhoc-I), Kottayam (Appellate Court), confirming the judgment in C.C. No.159/2004 of the Court of the Judicial First Class Magistrate-I, Changanacherry (Trial Court), finding the revision petitioner guilty, and consequentially, convicting and sentencing him for the offence under Sections 457 & 380 read with Section 34 of the Indian Penal Code,1860(‘ IPC ’, for the sake of brevity). The revision petitioner was the second accused in Crime No.22/2002 of Chingavanam Police Station.

Brief facts:

2. The prosecution case is that, the accused Nos. 1& 2 in furtherance of their common intention to commit theft, on 27.09.2001, at midnight, broke open the eastern door of the residential house of PW2 in Ward No.VIII of Kurichy Panchayat and trespassed into the house and committed theft of a T.V. and an oil lamp.

Hence, they have committed the above offences.

3. On receipt of summons, the accused entered appearance and denied the substance of accusation read over to them. In the trial, the prosecution had examined PWs 1 to 4 and mark