O R D E R

The petitioner is the accused in Calendar Case No.299/1995 before the Judicial First Class Magistrate's Court-I, Cherthala. He was prosecuted for an offence under Section 380 of the IPC. The prosecution case is as follows: The accused in furtherance of his intention to commit theft, at sometime between at 7.30 p.m. on 23.02.1995 and at 12.30 noon on 24.2.1995, took out a hand bag placed on the desk in the south-western room of Thayyidayil House bearing No.162 in Ward No.21 of Cherthala Municipality, using a stick through the open window on the southern wall of the said room, in which PW1 had kept a 'Thara Fashion' gold chain weighing 6 gms. a 'Manga Fashion' gold necklace weighing 12 gms, 2 gold rings weighing 2 gms, 2 gold jimikees weighing 4 gms, 6 gold rings and one hand- chain weighing 4 gms and committed theft of those gold ornaments weighing altogether 30 gms and replaced the hand bag. Thus the accused has committed the offence charged against him. The prosecution examined PWs 1 to 10 and marked Exts.P1 to P6. MOs 1 to 7, which are the gold ornaments, were also marked. The defence did not adduce any evidence. On the basis of the evidence, the Magistrate convicted th