Bijoy vs State Of Kerala on 5 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 467 of 2009()


1. BIJOY, S/O. EKAMBARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.RAJIT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/03/2009

 O R D E R
                           V.RAMKUMAR,J.
            ..........................................................
                     Crl.R.P. No. 467 of 2009
            ..........................................................
                      Dated: 5th March 2009

                                   ORDER

The revision petitioner who was the 2nd accused in C.C. No.

614/2004 om the file of the J.F.C.M.I, Thrissur, has been

concurrently convicted by the courts below for an offence

punishable under Sec. 379 read with Sec. 34 I.P.C. The sentece

imposed on him is simple imprisonment for one year. Both the

courts below have accepted the prosecution case. On -6-2003 at

about 2.30 p.m. while P.W.1 , a lady was walking along the road at

Pallikulam junction, the two accused persons came on a motor cycle

driven by the first accused and after parking the two wheeler , the

revision petitioner (A2) set upon P.W.1 and snatched away the

gold chain worn by P.W1 weighing five sovereigns worth Rs.

21,000/-. Thereafter, the two accused persons sped way on the

motor cycle. The conviction has been recorded by the courts below

after a careful evaluation of the oral and documentary evidence in

the case. This court, sitting in revision, will not loathe to interfere

with the said conviction which is accordingly confirmed. The

sentence of simple imprisonment for one year also does not call

for any interference, having regard to the antecedents of the

Crl.R.P. No. 347 of 2009 -:2:-

revision petitioner who is said to be involved in several crimes such

as Crime Nos. 436, 435, 456, 425, 312, 289, 245 and 428 of 2003

of Thrissur Town East Police Station. (Vide the report submitted by

the District Probation Officer, Thrissur). I, therefore, confirm the

sentence imposed on the revision petitioner.

In the result, this Revision is dismissed confirming the

conviction entered and sentence passed against the revision

petitioner.

Dated this the 5th day of March 2009.

Sd/-V.RAMKUMAR,
JUDGE.

ani/

/true copy/

Crl.R.P. No. 347 of 2009 -:3:-