O R D E R

The revision petitioner herein is the 2nd accused in C.C No.186/1994 of the Judicial First Class Magistrate Court, Malappuram. He and the 1st accused faced prosecution in the court below under Sections 457 and 380 I.P.C on the allegation that in between 29.12.1993 and 4.1.1994, they committed lurking house trespass to the house of one Sunderdas within the Malappuram Municipality and committed theft of some articles like television, stabilizer T.V booster, remote control, tape recorder etc., worth ₹27,000/-. The stolen articles were seized by the Circle Inspector of Police, Manjeri as per a mahazar from the possession of the 2nd accused in suspicious circumstances. His interrogation revealed the commission of offence by him and the other accused, and accordingly after investigation, the Police submitted final report in court. 2. The two accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them under and 380 I.P.C. The prosecution examined seven witnesses and proved Exts.P1 to P5 documents in the trial court. The MO1 to MO4 properties were also identified during trial. Both the accused denied the incriminating circumstances