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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SAJU VARGHESE – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and the conviction details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's critique on the reliance of recovery evidence. (Para 6 , 9 , 10) |
| 3. arguments presented by both parties regarding the evidence. (Para 7 , 8) |
| 4. established that recovery evidence needs substantive support. (Para 11) |
ORDER
Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioner under Sections 457 , 461 and 380 of IPC .
2. The revision petitioner is the second accused in C.C.No.124 of 2011 on the files of the Judicial First Class Magistrate Court-I, Ettumanoor. He stood trial before that court, along with other accused for committing the offences punishable under Sections 457 , 461 and 380 r/w 34 of IPC .
3. The prosecution case is that on 07.02.2009 at about 9.30 p.m, the accused, three in number, committed lurking house trespass into the house of PW1 situated in Andoor Kavala and broke open the front door of the house and thereafter, the steel almirahs kept in the bedroom and committed theft of currency notes worth Rs.32,000/-, 14 sovereigns of gold ornaments and 1½ sovereigns of diamond.
4. The trial court, on an appreciatio
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