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 Malappuram district were on night patrolling duty, they intercepted a motorcycle ridden by A1 with A2 as pillion rider, which was proceeding from Chattiparamb side. On seeing the police officials, A2 who was the pillion rider took to his heels. A1 who was the rider of the said motorcycle failed to give any satisfactory account of his possession of the said vehicle and failed to furnish any records re