BIJU AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) Three persons faced prosecution for the offences punishable under Sections 379 and 413 read with Section 34 of IPC. Among them, the third accused was fortunate enough to be acquitted, while A1 and A2 were less fortunate and they were found guilty of the offence punishable under Section 379 read with Section 34 of IPC. Consequently, each of them were sentenced to undergo rigorous imprisonment for one year each and to pay a fine of 11,000/- each with a default clause of rigorous imprisonment for six months each. If the fine amount was collected, 20,000/- was directed to be paid to PW2 under Section 357(1) of Cr.P.C. Set off as per law was allowed.

(2.) The prosecution case in brief is that on 05.07.2003 at about 1.45 in noon, while PW2 was on her way to the temple, two persons came on a motor bike and asked her some queries and while she was engaged in that process, her chain was snatched. Going by Ext.P1 First Information Statement, she seemed to have chased the accused persons before she fell down. Hearing that his mother-in-law has been lying unconscious, PW1 went to the place and took her to the hospital and thereafter he went to the Station and laid Ext.P1 First Information Statement. PW4 recorded the same and registered crime as per Ext.P1(a) FIR. Since the assailants could not be traced at that point of time, an undetected report was filed before court.

(3.) Subsequently, PW3 had the good fortune to arrest the accused in Crime No.248/2003 of Karukachal Police Station and when they were questioned, they disclosed their involvement in the present case. Therefore, a formal registration of the crime was done and the records were sent over to Kottayam East Police Station. Ext.P2 is the FIR that was transferred to the Station where PW4 was working at the relevant time. He would say that along with FIR, there was a confession statement of the accused also. PW4, the Investigating Officer in this case, after getting the FIR without even bothering to get the accused identified by PW2, laid final report before court.