STATE OF KERALA Vs. K P MOHANDAS

JUDGEMENT

(1.) This is an appeal filed by the state challenging the acquittal of 5 accused persons by the AddI. Assistant Sessions Judge. Tellicherry in Sessions Case No. 55 of 1985. The accused persons were charged under Sections 395 and 341 of the Indian Penal Code.

(2.) The prosecution case is that on 7-10-83 at about 3.30 p.m. the accused came to Balakrishnan Jewellery in a car. P.W. 1 is the proprietor of this jewellery shop. The first accused alighted from the car and entered the jewellery shop of P.W. 1. He showed P.W. 1. a plastic bangle and said that he wanted to purchase similar type of gold bangles. P.W. 1 displayed a box containing 24 bangles. The first accused selected two bangles and while P.W. 1 was weighing one of the gold bangles the first accused took the box containing the bangles and suddenly rushed to the car which was parked near the shop. P.W. 2, a clerk in the jewellery shop chased the first accused. The car sped away and all the accused made good their escape.

(3.) P.W. 1 later lodged a complaint before P.W. 12, the Assistant Sub Inspector of police. Tellicherry police station P.W. 12 registered crime No. 294 of 1982 and Ext. P. 15 is the First Information. Report P.W. 13, the Circle Inspector of police took over the investigation and he prepared Ext. P. 4 mahazar. A pair of chappals a plastic ring and a towel were recovered from the shop. These are articles alleged to have been left by the first accused in the shop of P.W. 1. P.W. 13 altered the charge from Sections 327 to 395 of the Indian Penal Code. The accused were later arrested from Calicut and pursuant to the information furnished by the accused the gold bangles were recovered from the shop of P.W. 5 and P.W. 13 laid the final charge sheet.