O R D E R

Revision petitioner is the first accused in C.C.239 of 2007 on the file of Chief Judicial Magistrate, Kozhikode. He along with second accused was charged for the offence under section 392 read with section 34 of Indian Penal Code. Prosecution case was that on 5.7.2007 at about 7.45 p.m. PW2, Jyothi, daughter of PW1 was returning back to her house after getting down from the bus at Kannanchery bus stop and was proceeding towards her house. PW1, the father, was proceeding towards Kannanchery bus stop along the same road. First accused was the pillion rider of a motorcycle with second accused as rider which came close to PW2 and revision petitioner snatched MO1 gold chain from the neck of PW2 exerting force and escaped from the scene with MO1. Both the accused pleaded not guilty. Prosecution examined 9 witnesses and marked 8 exhibits and identified MO1. The accused did not adduce any evidence. Learned Magistrate on the evidence found that MO1 is the gold chain which was snatched from the neck of PW2 on that fateful evening. Accepting the evidence of Pws 1 and 2 with regard to the identity and accepting the evidence of PW4, the Head Constable and PW3, the Sub Inspector, it wa