SURYAMOORTHI Vs. GOVINDASWAMY

JUDGEMENT

(1.) This appeal by P.W. I Suryamoorthi and his mother P.W. 2 Papparnmal is directed against the judgment of the High Court of Madras which confirmed the order of acquittal passed by the learned Additional Assistant Sessions Judge, Thanjavur. P.Ws. 1 and 2 reside in village Sivakollai, a hamlet of Nambivayal. On Feb. 18, 1972, P.Ws. 1 and 2 left for Madras with Rs. 73,600/- in cash wrapped in a towel tied around the waist of P.W. 2. They went to consult P. W. 22 Sundarammal as they desired to purchase a property in Madras. They reached Madras on the morning of Feb. 19, 1972. They informed P.W. 22 that they were desirous of purchasing a house in Madras but PW 22 advised them to invest the amount in agricultural land in their village. Accepting her advice PWs1and 2 left Madras on the night of Feb. 19, 1972 by a State Transport Express bus which reached Thanjavur at about 4.15 a.m. on the next day i.e. Feb. 20, 1972. Since they had to change the bus at Thanjavur, PWs,1 and 2 alighted from the State Transport bus and proceeded towards the Municipal Bus stand to take the bus to Pattukottai. When they were about to board the other bus, original accused Nos. 1to3, all police constables in uniform, came there and asked them to get down and accompany them to the police station alleging that they were carrying unaccounted money. PWs 1 and 2 therefore got down from the bus. Accused Nos. 4 to 7 were also noticed near about the State Transport bus stand. Accused No. 7 who also hailed from village Sivakollai was found covering his head with a towel. PWs1and 2 were taken to the East Main Street with accused Nos. 4 to 6 following them. After having walked a short distance, accused No. 2 asked PW 2 to take out the money which she had secured in the towel tied around her waist. PW. 2 took out seven bundles of notes of the denomination of Rs. 100/- and gave them to accused No. 4 who passed them on to accused No. 2. Accused No. 2 put the notes in a bag hung on the handle bar of his cycle. Cn PW 2 remonstrating, accused Nos. 2, 5 and 6 stated that they could share the money and thereupon accused No. 4 retained four bundles in the hand bag and returned three bundles to PW 2. PWs1and 2 thereafter returned to the bus stand and on reaching their village PW 1informed his uncle Thangaraj about the occurrence. The latter sent one Trudayaraj, a teacher, to assist PW 1. PW 1and Irudayaraj came to Thanjavur and contacted accused Nos. 1and 2 with a view to persuading them to return the cash. As they failed to get back the money PW 1 lodged a complaint next morning. PW 23, Inspector of Police, Thanjavur West, registered an offence and undertook investigation. Accused Nos. 1to 6 were arrested on Feb. 21, 1972. In the course of investigation accused No. I made a confessiona statement on the basis of which Rs. 14,900/- were found from a wooden box hidden by him. Accused No. 4 also made a similar statement on the basis of which Rs. 4,970/- came to be found from his house. Accused Nos. .5 and 6 also made statements which led to the discovery of clothes and shoes alleged to have been purchased from the monies received by them. Accused No. 7 was arrested on the next day i. e. Feb. 22, 1972 at about 3 a. m. O n the basis of the statement made by a sum of Rs. 19,300/was found from a suitcase kept by him in Tutorial College at Pattukottai. Thus a total sum Rs. 39,170/- came to be recovered in cash from accused Nos. 1, 4 and 7, besides the clothes and shoes purchased by accused Nos. 5 and 6. The Investigation Officer also attached a sum of Rs. 33,600/- from the residence of PWs 1 and 2. A test identification" parade was held at which PW 1identified all the seven accused whereas PW 2 identified accused Nos. 2, 6 and 7. A second identification parade was held on March 1, 1972 at which PW 6 identified accused No. 7 alone. After completing the investigation PW 23 charge-sheeted all the seven accused (Respondents Nos. 1to 7 herein).

(2.) The trial Court framed a charge under S. 395, I.P.C. against all the seven accused persons. In addition a charge under S. 220, I.P.C. was framed against the three police constables, accused Nos. 1, 2 and 3. All the seven accused pleaded not guilty to the charge framed against them and claimed to be tried.

(3.) Accused No. 1 in his statement recorded under S. 342 of the Criminal Procedure Code, 1908 admitted the find of Rs. 14,900/- but stated that the said amount was part of Rs. 15,000/- which he had received under an agreement for the sale of land belonging to himself and his wife to one Natarajan. He stated that he had spent Rs. 100/- therefrom and the balance of Rs. 14,900/- was lying in his house which was attached by the Investigating Officer. Accused No. 4 stated that he had a sum of Rs. 470/-with him and a further sum of Rs. 4,500/- was given to him by his uncle making a total of Rs. 4,970/-which came to be attached by the police. Accused No. 7, while denying the fact that he had made a confessional statement, stated that he had saved the amount of Rs. 19,300/-as he wanted to purchase a taxicar. He stated that he had kept the money in the hostel room of the college as an ex-student Accused No. 5 alleged that he had been stabbed sometime back and had lodged a complaint in that behalf. The Investigating Officer. PW 23 was pressurising him to compound the case but as he refused to do so he was falsely implicated in the present case His further say was that he had purchased the clothes and shoes from Rs. 400/- given to him by his brother. Accused No. 6 stated that he was falsely implicated. So far as the test identification is concerned, the accused contend that it was a mere farce since the photographs of the accused had appeared in the local dailies of 23rd and 24th Dec. 1972 and they were also shown to the witnesses while in police custody before the actual identification parade was held.