STATE OF KERALA Vs. JOSEPH AND ANOTHER

JUDGEMENT

(1.) This appeal is by the State against the order passed by the First Class Magistrate, Cranganore acquitting the two respondents of charges arising out or an alleged theft of explosives from a Government store.

(2.) Large stocks of explosives for use in connection with the construction of the Sholayar Hydro-Electric Project were stored by the Government in two magazines situated 3 little off the Chalakkudy-Malikkippara Road at mile stone 41/4, These magazines were under the direct control of P. W. 2, a Junior Engineer attached to the project, the prosecution alleges that some time after 10.30 P.M. on 20-54960 and before the next morning accused 1 Joseph, who is now no more, broke open the locks of these magazines and committed theft of 21 boxes of gelatine and. 7400 detonators. The stolen goods were removed from the place by accused 1, accused 2 and P, Ws. 8 and 9 in a lorry belonging to accused 3 a contractor. The lorry was first driven to Thumpurmuzhi where four packets or gelatine were removed by accused 1 for his own use and the rest were then taken to Ezhattumugham where accused 3 was doing some construction work. A part of the explosives was used at the work site and the rest taken to the house of accused 3 from where they were later removed to a quarry at Panthakkal. The theft was detected, on the morning of 21-5-1960 when P. W. 6 a lascar employed by P. W. 2 visited the magazines for routine inspection. The matter was reported to P. W. 2 who in turn informed his superiors. Ext. P-3 report was filed before the Chalakkudy Police Station on 21-5-1960 and investigation was started. On 29-5-1960 the first accused surrendered himself before P. W. 39 the Deputy Superintendent of Police to whom he made a confession. On information given by him. four packets of Gelatine were recovered from the compound of his house. On 2-6-1960 accused 2 surrendered himself and acting on his information the police recovered the explosives kept hidden in the quarry at Panthakkal. Accused 3 surrendered himself on 8-7-1960 and, the final charge was laid on 22-7-1960 charging the first accused under Secs. 454 and 380 I.P.C. and the other two accused under the same sections read with Sec. 109 I.P.C. All the accused were charged with offences punishable under Sec. 5(3) (b) of the Indian Explosives Act while accused 3 was also charged under Sec. 12 of the Act read with Rules 31 and 81.

(3.) As noted earlier the first accused died before the trial. The other two, completely denied the charges against them. The important items of evidence brought against them were the recoveries of the stolen properties on the basis of the information given by accused 1. and 2 and the testimony of P. Ws. 8 and 9. The learned Magistrate found that no definite conclusion can be drawn from the recovery as against accused 1, in view of the fact that accused l was dead and could offer no explanation for the alleged possession of the stolen articles. The learned Magistrate further found that the explosives could have been lost from the stores not only by theft by accused 1 but in a number of other ways as well. As regards the recovery in the case of accused 2, he was of the view that since tne police had already got information from other sources that a part of the stolen properties was secreted in the quarry no adverse inference could be drawn from the recovery which is alleged to be made on the basis of the information supplied by accused 2. The learned Magistrate also concluded that P. Ws, 8 and 9 the main prosecution witnesses were in fact accomplices of the accused and as such their evidence is of little value in the absence or corroboration on material points which is lacking in the case.