VATHADI MEHARBABU Vs. STATE

JUDGEMENT

(1.) THE revision petitioners and two others stood trial for offence under Sections 452 and 397 r/w 34 of Indian Penal Code in S.C.No.41 of 2004 on the file of the Assistant Sessions Judge Cum Chief Judicial Magistrate Court, Pondicherry.

(2.) THE case of the prosecution was that the five accused and one another, who died pending investigation, trespassed into the residence of complainant PW1 at about 1.30 hours on 29.07.2001 and in furtherance of their common intention caused hurt to the complainant PW1, his wife PW2 and their servant PW3, using sickle and sticks and also committed dacoity of 52 sovereign gold Jewels worth about Rs.1,22,000/- and also cash of Rs.200. In the said process, the petitioners/accused caused grievous hurt to PW1 and PW2.

(3.) IN the instant case, there can be no denial of the occurrence that took place at the residence of PW1 and PW2 on the night of 28.07.2011. There also is no doubt that PW3 suffered several injuries including a grievous one, while PW1 and PW2 suffered several injuries, which were simple in nature. Mos 1 to 13 were gold ornaments recovered in the case and identified by PW1 and PW2 as belonging to them. First petitioner was arrested in connection with some other offence on 17.10.2001. A gold bangle was recovered from his possession and on interrogation, he tendered a voluntary confession statement in which, he admitted to his involvement in Crime No.113 of 2001 on the file of the respondent i.e. the present case. He was also involved in another crime in AndhraPradesh. A gold bangle seized from him was found connected to the present case. He led the police party to Kottapalli village and identified the second accused. Both A1 and A2 led the police party to various places where they had pledged the gold jewels and stolen articles. A4 (the second petitioner) surrendered before the respondent police on 16.06.2003. He was taken into custody and on his confession statement, certain gold items were recovered from a pawnbroker shop at Kakinada.