High Court Kerala High Court

Ayyappan vs State on 31 July, 2008

Kerala High Court
Ayyappan vs State on 31 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1295 of 2001(A)



1. AYYAPPAN
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :ADV.D.AJITH KUMAR(STATE BRIEF)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/07/2008

 O R D E R
                     V. RAMKUMAR, J.
                ===================
                     Crl.R.P. No. 1295 of 2001
               ====================
            Dated this the 31st day of July, 2008.

                           O R D E R

In this revision preferred from the Central Jail,

Thiruvananthapuram, the petitioner who was the accused in C.C.

No.123 of 1996 on the file of the Chief Judicial Magistrate,

Kottayam for offences punishable under Sections 457, 380 and

461 IPC challenges the conviction entered and the sentence

passed against him for the said offences.

2. I heard Adv. Shri. D. Ajith Kumar, the learned counsel

appearing for the revision petitioner on State Brief and the

learned Public Prosecutor.

3. The case of the prosecution can be summarised as

follows:

During the night of 04.02.1995, the accused criminally

trespassed into the house of PWs 1 to 3, situated by the side of

the Kanjikuzhy-Devalokam road and broke open the almirah and

committed theft of gold ornaments belonging to them.

CRL.R.P. NO. 1295/2001 : 2:

4. On the accused pleading not guilty to the charge

framed against him by the trial court for the aforementioned

offences, the prosecution was permitted to adduce evidence in

support of its case. The prosecution altogether examined 8

witnesses as PWs 1 to 8 and got marked 3 documents as Exts.

P1 to P3 and 4 material objects as Mos.1 to 4.

5. After the close of the prosecution evidence, the

accused was questioned under Section 313 (1)(b) Cr.P.C. with

regard to the incriminating circumstances appearing against him

in the evidence for the prosecution. He denied those

circumstances and maintained his innocence. He did not adduce

any defence evidence when called upon to do so.

6. The learned Chief Judicial Magistrate, after trial, as

per judgment dated 29.11.1999 found the revision petitioner

guilty of the offences and sentenced him to undergo rigorous

imprisonment for six months under Sections 457 and 461 IPC

each and rigorous imprisonment for two years under Section 380

IPC. The sentences were directed to run concurrently. On appeal

preferred by the revision petitioner before the Sessions Court,

CRL.R.P. NO. 1295/2001 : 3:

Kottayam as Crl. Appeal No. 59 of 2000, the learned Additional

Sessions Judge as per judgment dated12.06.2001 confirmed the

conviction entered but reduced the sentence of rigorous

imprisonment under Sections 457 and 461 IPC to six months and

the rigorous imprisonment under Section 380 IPC to 1 = years.

Hence, this Revision.

7. What is unravelled by the oral and documentary

evidence in the case is the following:-

PWs 1 to 3 had left the house on 04.02.1995 after locking

the same for going to Kudamaloor for attending a function there.

They returned on the next day afternoon. When they opened the

house, they found the gold and silver ornaments missing. The

door of the house was also lying open. PW2 informed the same

to the police over the telephone. Subsequently, on 21.06.1995

PW7, who was on patrol duty arrested the accused in connection

with Crime No. 55 of 1995 of the Kottayam Police Station. After

interrogation of the accused, he registered Crime No. 244 of

1995 against the revision petitioner for offences punishable under

Sections 457, 461 and 380 IPC. Since the scene of occurrence

CRL.R.P. NO. 1295/2001 : 4:

was within the limits of his police station he prepared Ext.P1

scene mahazar. Based on the confession given by the revision

petitioner, he recovered MOs 1 to 3 from the railway purambokku

where the accused was residing along with his family. Ext.P3 is

the seizure mahazar under which MOs 1 to 3 were seized. Those

ornaments were kept concealed beneath a concrete slab in the

vicinity of the petitioner’s residence. Even though the

independent witnesses to the mahazar turned hostile to the

prosecution, the testimony of PW7, the Circle Inspector of Police

was credible enough to accept the recovery of MOs 1 to 3 at the

instance of the accused. PWs 1 to 3 have credibly identified

those material objects as belonging to them.

8. Under these circumstances, the conviction was rightly

recorded by the courts below and the same does not call for any

interference and is accordingly confirmed.

9. The sentence imposed on the revision petitioner by the

lower appellate court also cannot be said to be excessive or

disproportionately harsh. Having regard to the daring manner in

which the offences were committed, I do not find any good

CRL.R.P. NO. 1295/2001 : 5:

ground to interfere with same as well.

In the result this revision is dismissed confirming the

conviction entered and the sentence passed against him.

Dated this the 31st day of July, 2008.

V.RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 1295/2001 : 6:

V. RAMKUMAR, J

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CRL. R.P. No. 1295 of 2001

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31st day of July, 2008

ORDER

CRL.R.P. NO. 1295/2001 : 7: