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2008 Supreme(Online)(KER) 37139

HIGH COURT OF KERALA
A.K.BASHEER, J
K D NARAYANAN – Appellant
Versus
STATE – Respondent


ORDER

Petitioner was tried for the offence punishable under Section 380 of the Indian Penal Code on the charge that he had committed theft of about 2,000 weeklies/magazines/periodicals from Thodupuzha Head Post Office during the period between August 1985 to May 29, 1986. The trial court found the petitioner guilty. He was accordingly convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment for three months. The above order of conviction and sentence was confirmed in appeal by the Sessions Court. Hence this revision petition.

2. As indicated above, the charge against the petitioner was that he had committed theft of about 2,000 weeklies/magazines from Thodupuzha Head Post Office. According to the prosecution, these periodicals were addressed to PWs1, 3 and 4. But the accused had committed theft of these postal articles and kept them for sale at the outlet of Sasthra Sahithya Parishad along with the periodicals and books that were being published by the said Parishad.

3. Prosecution had examined PWs 1 to 9 and marked Exts.P1 to P4 and M.O.1 to 17 (series) on its side.

4. PW6 was the prime witness

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