STATE Vs. ARUCHAMY

JUDGEMENT

(1.) THE Criminal Appeal filed by the State, arises of the judgment of acquittal, dated 19.11.1997 in C.C.No.152 of 1990 on the file of the Court of Judicial Magistrate NO.VI, Coimbatore, whereby the respondents/A.1, A.3, A.4 and A.5 were acquitted of the offences under Section 120-B IPC read with Section 5(1)(a) read with 25(1)(a) of the Arms Act and Section 3(1) read with Section 25(1)(b)(a) of the Arms Act.

(2.) THE case of the prosecution in short, is as follows: On 12.8.1989, P.W.1 Nagarajan, 'Q' Branch Inspector of Police received information that A.1 was manufacturing arms in Door No.78/7, South Street, Avarampalayam, Coimbatore and P.W.1 intimated the same to the concerned Judicial Officer and he, along with P.W.3 Chandrasekaran, 'Q' Branch Inspector of Police, Village Administrative Officer Nagarajan and P.W.2 Thirumoorthy, 'Q' Branch Inspector of Police, went to the abovesaid place of lathe/workshop of A.1 and made a search. At that time, A.1 and A.3 were preparing arms. A.2 was working with A.K. 47 barrel. THEy were grinding R.P.G. Cell Aluminium for using in R.P.G. Cells and they were having gunny bag, which contained Aluminium netted M.S. Pipe, A.K.47 barrel portion, Aluminium cone and one P.V.C. Plastic propeller, Aluminium pipe and three detonators. When P.W.1 made enquiry, A.1 and A.2 gave confession statements, which have been recorded and Ex.P-2 observation mahazar was prepared and Ex.P-3 search list and the material objects were seized and signatures were obtained from the witnesses--P.Ws.2 and 3 and V.A.O. THE copy of the seizure mahazar has also been furnished to A.1. Subsequently, on 13.8.1989, the investigating officers went to Door NO.1/36, Sundaramoorthy Metal Works Avarampalayam, Ramasamy Lay-out, Avarampalayam, where, A.4 handed over the die for preparing Aluminum cone. P.W.1 prepared Ex.P-4 observation mahazar and Ex.P-5 search list. THEn, P.W.1 and others returned to Peelamedu Police Station and registered a case in Cr.No.500 of 1989 for the offences under Section 120-B IPC, Section 25(1)(c) of the Arms Act and Section 7(1)(a) of the Criminal Law Amendment Act and Ex.P-6 F.I.R. was prepared and it was despatched to P.W.46 John Chelliah, Inspector of Police, for investigation. P.W.4 Rajeswsari, Commercial Manager of Royal Machine Works (Madras Machine Tools Manufacturers Ltd.), deposed that on 31.7.1986, she gave Ex.P-8 invoice and Ex.P-9 proforma invoice, relating to A.1 under self-employment scheme and received pay order of Rs.25,000/- of S.B.I., Pellamedu Branch and the balance Rs.58/- was paid by A.1 in cash and the letter to A.1 is marked as Ex.P-7. THEse show that A.1 has purchased the lathe for his firm. P.W.6 Jayaraman, V.A.O. has deposed that himself, along with Revenue Assistant, went to Door No.79, South Street, Avarampalayam and it was under lock and key and then he came to know that the lock has been already in broken stage and that has been marked as M.O.16. In that house, there was 0.5 H.P. Motor and 500 aluminium cones relating to R.P.G. Cell which were found in the place in gunny bag, 17 M.S. Pipe in polythene bag, the plastic pipes to be used for R.P.G. Cell- eighty in number, one wooden box and unfinished 23 aluminium cone and ten net with the screw and 3 without screw, have all been seized under Ex.P-12 search list and Ex.P-11 observation mahazar was prepared, copy of which has been handed over to the house owner P.W.18 Chinnasamy Gounder and his signature was also obtained. A.1 was examined by P.Ws.1 and 2 Inspectors of Police. He has given confession and he handed over the plan and lease deed. THE admitted portion of A.1's confession is marked as Ex.P-18. P.W.7 Palanisamy residing at Peelamedu was working as Manager in Small Industries Section of S.B.I. He stated that A.1 applied for loan under self-employment scheme. He also furnished his mark list and other papers. He also furnished the rental/lease agreement. Ex.P-19 is the application for self-employment. He received Ex.P-20 letter from Department of Industries and Commerce and Ex.P-21 is the invoice copy. THE educational certificates of A.1 is Ex.P-22 series. A.1 sent letter to the Bank on 21.4.1987, which is Ex.P-25. P.W.8 Ashok Kumar was working as Training Officer in P.S.G. Industrial Institute. He deposed that he has given turner training to A.1 from 1.7.1967 to 15.9.1970. P.W.9 Mounasundaram, who was working as Personnel Officer in Festo-Elgi Pvt. Ltd., deposed that A.1 was employed in the said Company and since A.1 was acting against the interest of the management, he was dismissed from service. Ex.P-27 is the certificate for the same. P.W.10 Ravikumar, who was working as Junior Reporter in Shorthand Section of Police Department, deposed that A.1 was a speaker in public meetings held on 26.9.1988 and 30.11.1988. P.W.11 Rangaraj, who was working as Junior Shorthand Writer in Police Department, also deposed that A.1 was a speaker in the public meeting held on 12.10.1988 and 21.3.1989. P.W.12 Kumar, who was working as Assessor in the Tamil Nadu Electricity Board, stated that Service Connection has been given for industrial purpose to the abovesaid workshop at Door No.78/7. A.1 and other two persons deposited money to the T.N.E.B. P.W.13 Balasundaram, the then Postman, deposed that he has took the letter relating to S.B.I. to the abovesaid A.1's workshop. P.W.15 Ramasubramaniam, who was the Marketing Manager of Royal Machines Works, Madras Machines Works, stated that Ex.P-9 invoice was given from his office and it was delivered as per Ex.P-8. THE covering letter is Ex.P-7. Rs.25,580/- has been given as loan. P.W.16 Srinivasan, who was the then Assistant Manager of Industrial Centre of Coimbatore, stated that A.1 applied for loan as per Ex.P-29. He attended the interview and Ex.P-30 is the photocopy of the interview statement. In pursuance of the same, Ex.P-19 quotation from S.B.I. Peelamedu Branch was sent to A.1 and A.1 was recommended for loan. Page 95 of the loan ledger is marked as Ex.P-31. Ex.P-32 is the photocopy of the minutes book. P.W.17 Sagaria Prabhakaran, who was working as Scientific Assistant in the Forensic Sciences Department, stated that on the request made by 'Q' Branch Inspector of Police, Peelamedu in connection with Cr.No.500 of 1989, he went to Door Nos.78/7 and 79/7, Seventh South Street, Avarampalayam, and at that time, he seized the material objects and handed over the same to the Inspector of Police and on 18.8.1989, as requested again by the Inspector of Police, he went to Door No.82, Ramasamy Lay-out and seized the die-making moulds and handed over the same to the Inspector of Police. THE material objects seized by him were marked as M.Os.1 to 23. P.W.18 Chinnasamy Gounder, the then Fitter of Tex Tools, deposed that he leased out one of his houses to A.1 and one Raja was acting as intermediator for leasing out the house, who received the rent and handed over the same to P.W.18. P.W.19 Arumugham, the Bill Collector of Corporation of Coimbatore, stated that the houses in question belongs to P.W.18 Chinnasamy Gounder. P.W.20 Baby, Grade I Police Constable, who was posted as Police Photographer, deposed about the photography of material objects from the places in question. P.W.21 Ponmudi, the then Police Constable of 'Q' Branch of Erode, deposed that he handed over the material objects at Chennai Laboratory, as per the requisition made by Court. P.W.22 Mohan Nivas, the then Sub-Inspector of Police of Law and Order of Karumathupatti Police Station, stated that as against the proceedings under Section 144 Cr.P.C. (jil cjjut[), he arrested one Ramakrsihnan, President of D.K. Party and others and registered a case in Cr.No.212 of 1989 under Section 7(1)(a) of the Criminal Law Amendment Act and Sections 141 and 188 IPC for investigation. P.W.26 D.C.S.Rao, the Section Officer of Arms Section, Ministry of Home Affairs, Central Secretariat, New Delhi, stated that he has given certificate in Ex.P-36 that the accused did not have any licence for possessing arms. P.Ws.28 and 29, the Scientific Assistants of Forensic Sciences Department, deposed that they have received the material objects and gave reports. P.W.43 Soundararajan, who was working in the T.N.E.B. of Special Maintenance Section, Coimbatore, stated that he has seen A.1 relating to Service Connection No.236. P.W.45 N.Jayakumaran, the then Judicial Magistrate No.5 of Coimbatore, stated that he recorded Section 164 Cr.P.C. statement of some of the witnesses, as requested by 'Q' Branch Police and sent summons for examination of the witnesses. P.W.46 John Chelliah, Inspector of Police of 'Q' Branch, corroborates the evidence of P.W.1. He has stated that he has examined the witnesses and recorded their statements and filed charge sheet against the accused.

(3.) PER contra, learned counsel for the respondents/accused would contend that the trial Court has considered all things in proper perspective and after considering the evidence of P.Ws.1 to 3 along with the evidence of P.W.17, came to the correct conclusion that no independent witness was examined and that the provisions of Section 100 Cr.P.C. have not been followed. The trial Court considered all the aspects in its judgment and rightly acquitted the respondents-accused.