Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 CRL.REV.PET NO. 3181 OF 2006 IN CC 447/1997 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR AGAINST THE JUDGMENT DATED 29.07.2006 IN CRA 455/1999 OF ADDITIONAL SESSIONS COURT FAST TRACK COURT NO.II, THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED: BABU, S/O SREEDHARAN, VETTIYATTIL VEEDU, VETTUKKAD DESOM, PUTHUR, THRISSUR DISTRICT. BY ADV SRI.D.ANIL KUMAR RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SR PP SRI C N PRABHAKARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2023, ALONG WITH Crl.Rev.Pet.3836/2006, 3717/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 CRL.REV.PET NO. 3836 OF 2006 AGAINST THE ORDER/JUDGMENT IN CC 447/1997 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR AGAINST THE JUDGMENT IN CRA 478/1999 OF THE SESSIONS COURT, THRISSUR PETITIONER/APPELLANT/ACCUSED: RAJU, SON OF PUSHPAN, KOZHIMADATHIL VEEDU, KUTTANELLOOR DESOM, OLLUR VILLAGE, THRISSUR DISTRICT. BY ADV SRI.K.V.RAMABHADRAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, THRISSUR, CRIME NO.66/96 OF CHERPU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12.10.2023, ALONG WITH Crl.Rev.Pet.3181/2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 CRL.MC NO. 3717 OF 2020 AGAINST THE ORDER/JUDGMENT DATED 26/05/2009 IN MP 5062/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
PETITIONER/PETITIONER: COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, ROUND NORTH, THRISSUR-680 001. BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 018. 2 STATION HOUSE OFFICER, CHERPU POLICE STATION, CHERPU, THRISSUR DISTRICT, PIN-680 561. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2023, ALONG WITH Crl.Rev.Pet.3181/2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Crl.R.P. 3181/2006 It is against the order of conviction and the sentence awarded without the sentence of fine. The revision petitioner/accused No.4 passed away. The Criminal Revision Petition is dismissed as abated. Crl.R.P.3836/2006 Both the courts below concurred with the finding of guilt of accused for the offence under Sections 457, 380 and 461 r/w 34 IPC. The respective sentences are found to be striking a balance between the aggravating and mitigating circumstances. By removing the tiled roof of the temple, the accused entered in the courtyard and broke open sanctum sanctorum and committed theft of gold ornaments and pooja articles weighing 3 kgs and 254 gms and 234 mgs and also a silver stand weighing 823 gms, together with an amount of Rs.15,88,066/-. The accused No.3 absconded and hence, the crime against the accused No.3 was split up and proceeded against the remaining accused Nos.1,2, 4 and 5 and they were found guilty of the abovesaid offences by the trial Magistrate as well as the first appellate court. Nothing was brought to the notice of this court in order to have an interference with the finding of guilt of accused for the abovesaid offences under Sections 457, 380 and 461 r/w 34 IPC. The sentence awarded also reflects a proper balance as it is an offence against the entire society, a section of people, the followers of a particular religion. Necessarily, this court has no other option but to concur with the sentence. The Crl. Revision Petition fails, and is dismissed. Crl.M.C.3717/2020 The material objects were released to the de facto complainant under Ext.A2 order. Now the present application is for permitting the Devaswom to make use of the gold ingot, material objects Nos. 34 to 37 for making ornaments to the deity. The case was split up against accused No.3 and he was so far not apprehended by the police, in spite of lapse of a period of 27 years. Hence, permission is granted to make use of the gold ingots identified as MOs 34 to
37. The Public Prosecutor shall submit a detailed
statement regarding the steps which were taken to find out and apprehend the said person within two months from today. Permission is granted. The Criminal M.C. will stand allowed. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF CRL.MC 3717/2020 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF COMMON JUDGMENT DATED 29.7.2006 IN CRL.APPEAL NOS.455 AND 478 OF 1999 ON THE FILE OF THE COURT OF ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT NO.II (AD HOC), THRISSUR.
ANNEXURE A2 TRUE COPY OF ORDER DATED 26.5.2009 IN M.P.NO.5062/2000 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR. ANNEXURE A3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME BRANCH, THRISSUR TO THE COURT BELOW. ANNEXURE A4 TRUE COPY OF ORDER NO.A5.9674/19 DATED 21.5.2019 PASSED BY THE COCHIN DEVASWOM BOARD.