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2026 Supreme(Online)(Ker) 4448

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
ABDUL SAMAD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.VENUGOPAL, SMT.T.J.MARIA GORETTI
For the Respondents: ADV MAYA M N

ORDER

The challenge in this revision petition is the conviction and sentence rendered against the revision petitioner/accused No.1 under Section 379 of the Indian Penal Code, 1860 (for short, ‘ IPC ’).

2. The revision petitioner is the first accused in C.C.

No. 555 of 2006 on the files of the Judicial First Class Magistrate Court-I, Manjeri. He stood trial before that court, along with another accused for committing the offences punishable under Sections 379 , 201, and 411 r/w Section 34 of the IPC .

3. The prosecution case is that the first accused, along with a juvenile, had on 05.04.2006, between 5:00 pm and 10:00 pm, in furtherance of their common intention, committed theft of a motor cycle bearing Registration No. KL-10-F-9184 belonging to PW1, from the road margin near Karuvarakundu Village Office. It is alleged that thereafter, the first accused and the juvenile destroyed evidence by removing the number plate and placing another fake number plate. It is further alleged that the second accused received the motor cycle from the first accused and the juvenile, fully knowing that it is a stolen property for dismantling it.

4. The trial court, on an appreciation of the evidence

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