HIGH COURT OF KERALA
P.S.GOPINATHAN, J
S NEJIMON – Appellant
Versus
STATE OF KERALA AND ANOTHER – Respondent
JUDGMENT
Revision petitioner was convicted by the Judicial Magistrate of the First Class, Thiruvananthapuram in CC.No.372/93 for offence under Section 379 IPC and sentenced to undergo rigorous imprisonment for one year. In Crl. Appeal No.165/95 his conviction and sentence were confirmed. Now this revision petition.
2. Having heard either side and perusing the judgments of the courts below, it is revealed that at about 10.30 a.m on 9.4.1993 in front of Arya Bhavan Hotel, Thampanoor the petitioner snatched away a gold chain and a necklace worn by the defacto complainant who was examined as PW1. Her evidence regarding the snatching away of the gold chain and necklace was corroborated by testimony of PW2 who is sister-in-law of PW1. There is no good reason to disbelieve PWs. 1 and 2. On the basis of Ext.P1 first information statement, PW8, the Head Constable attached to Thampanoor police station registered the case as Cr.No.50/93 for offence under Section 379 IPC. PW9, the Sub Inspector took over the investigation, arrested the revision petitioner and on the basis of the statement given by him, the necklace and the gold chain were recovered under Ext.P3 recovery mahazar from the shop of
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