ORDER

The challenge in this revision petition is against the conviction and sentence imposed on the revision petitioner, who is the 2nd accused for the offence under Section 394 of IPC.

2. The prosecution case is that on 9.5.2007 at 2.00 a.m the petitioner and another accused were seen entering into the compound of Sree Badrakali Temple at Poovathumkadavu and attempting to break open the Bhandaram, by CW1. The night Watchman, who was on duty at the neighboring Higher Secondary School on the southern side of the temple. According to the prosecution, when CW1 tried to prevent the theft, A1 assaulted him with an iron rod and thereby caused injury on the head of CW1 and A2 abetted A1 for the commission of offence and thus the accused have committed the offence u/S 394 of IPC. On the basis of the above allegation, Crime No.314/2007 was registered in the Mathilakam Police Station for the offence under Section 394 of IPC. After investigation, report was filed in the Judicial First Class Magistrate Court, Kodungallur based upon which cognizance was taken for the said offence and instituted C.C.No.520/2007. During the trial PWs. 1 to 8 were examined from the side of the prosecution and produ