ORDER

The petitioner is the 2nd accused in C.C.No.140 of 1997 before the Judicial First Class Magistrate's Court, Nilambur. He along with two others were prosecuted for offences punishable under Sections 457, 380 and 461 read with Section 34 of the Indina Penal Code. The prosecution case as available in paragraph 2 of the judgment of the Magistrate is as follows:

“On 9.5.1996 in between 9.30 p.m. and 4 a.m. in the morning, the accused together with the common intention of committing theft have trespassed to the “Sheeba Jewellery” of PW1 at Pookkoottumpadam - Amarampalam by damaging the lock of it's shattar. It is alleged that they have opened the shelf of the table and dishonestly taken away 120 grams of gold ornaments valuing about Rs.18,000/- and 3 kilograms of silver ornaments. Thereby the accused have committed the offence punishable under Section as mentioned above.”

2. The prosecution examined PWs 1 to 15 and marked Exts.P1 to P8 as also MOs 1 to 17. The accused did not adduce any evidence. The 3rd accused was absconding and therefore, the prosecution was continued against 1st and 2nd accused alone, Crl. R.P.No.132/04 2 splitting up the case against the 3rd accused. After consid