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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
HAMSA .C.NO.3684, CENTRAL PRISON AND CORRECTIONAL HOME, VIYYUR (P.O), THRISSUR, S/O.SAIDALAVI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction reasons based on theft evidence and possession. (Para 1 , 2 , 3 , 4 , 5 , 6 , 17) |
| 2. arguments on evidence sufficiency and legal interpretation. (Para 10 , 11) |
| 3. observations regarding evidence and conclusions on guilt established. (Para 12 , 18 , 19) |
| 4. modification of the sentence and reasoning behind it. (Para 20) |
| 5. final ruling and execution instructions. (Para 21) |
O R D E R
Revision petitioner, who is A1 in CC.No.949/2016 on the file of Judicial First Class Magistrate Court, Mannarkkad and who is the appellant in Crl.Appeal.No.220/2017 of Sessions Court, Palakkad, challenges the conviction and sentence against him for the offence punishable under Section 379 r/w 34 of the Indian Penal Code ( IPC ).
2. The prosecution case is that on 03.09.2016 at 00.30 hours, A1, along with A2, in furtherance of their common intention, committed theft of a motorcycle bearing registration No.KL-50- 5087 owned by PW1 – Babu, from the residential premises of PW1.
3. Pursuant to Ext.P1 FI Statement laid by PW1, Ext.P10 FIR was registered by SHO Nattukal Police Station.
4. As per the prosecution case, on 08.09.2016, while the police party of Kolathur Police Station in Mala
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