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2026 Supreme(Online)(Ker) 16965

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
BINOY, S/O. JOSE, JOSE VILLA, VALIYAKUZHI MURI, CHEPPAD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.C.DEVY
For the Respondents: SMT. ANIMA M.

Table of Content
1. the petitioners were accused of theft and robbery. (Para 1 , 3 , 4)
2. the court evaluated the merits of the revision petition. (Para 2)

O R D E R

The petitioners were convicted and sentenced to rigorous imprisonment for three years and fine Rs.5,000/- each under Section 394 I.P.C r/w Section 34 I.P.C by the Judicial First Class Magistrate Court-II, Pathanamthitta in C.C No.338/2004. In the appeal, the Sessions Court, Pathanamthitta altered the conviction to one under Section 379 r/w I.P.C, and reduced the sentence to rigorous imprisonment for two years and fine Rs.5,000/- each. Aggrieved by the aforesaid verdicts of the Appellate Court, the petitioners are here before this Court with this revision petition.

2. Heard the learned counsel for the revision petitioners, and the learned Public Prosecutor representing the State of Kerala.

3. The prosecution case is that while PW1 was walking through Konni-Poonkavu public road, the petitioners approached her in a motorbike with the first petitioner on the rider seat and the second petitioner on the pillion seat, and snatched her gold chain, after beating her upon her chest and shoulder. The incident is said to have taken

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