ORDER

The concurrent findings of the Judicial First Class Magistrate-II, Thamarassery, and the Additional Sessions Judge, Kozhikode, convicting and sentencing the petitioners in CC No.405/2003 and Crl.Appeal No.433/2006 respectively, for the commission of offence under Section 379 IPC read with Section 34 , are under challenge in this revision.

2. The prosecution case is that on 09.04.2003 at a time in between 2.30 am and 5.30 am, the petitioners, along with another accused, committed theft of the car belonging to PW1 from the porch of his house. Later on, PW3, the SI of Police, Highway patrol, Thalassery, and his team found the petitioners and another person travelling in the aforesaid car, and accordingly, intercepted them and took them into custody realising that the aforesaid vehicle was a stolen one.

3. In the trial before the learned Magistrate, the prosecution examined 11 witnesses as PW1 to PW11 and brought on record 14 documents as Exhibits P1 to P14. After the evaluation of the aforesaid evidence, the learned Magistrate found the petitioners guilty of commission of offence under Section 379 IPC and convicted them. They were awarded a sentence of Rigorous Imprisonment for