NALLAPPA REDDIAR Vs. KAMACHI MOOPAN

JUDGEMENT

(1.) Mr. Rathna Mudaliar, claiming the return of Rs. 4000/- on behalf of his client Nallappa Reddiar, relied on the evidence of R.W. 2 in conjunction with the S. 161, Cr. P.C. statement of Kamatchi Moopan, the father-in-law of the accused, Kuppuswami Meopan, acquitted. The learned First Asst. Sessions Judge was thoroughly justified in not acting on the unsigned statement of Kamatchi Moopan for the three reasons mentioned by him. The learned Judge was further justified in finding that there is no evidence either in these proceedings or in the proceedings in the Sessions Case to connect the alleged offence of cheating with the money recovered from Kamatchi Moopan. While disposing of Crl. R.C. No. 1295 of 1968, this Court observed as follows:

(2.) There is no link or connection especially between the subject matter of the crime and the accused and his father-in-law Kamakshi. There is no statement of the accused recorded by the investigating Officer under S. 27 of the Evidence Act relating to the recovery of the sum of Rs. 4000/-. It is not established how the sum of Rs. 4000/- recovered from Kamakshi is the subject matter of the crime at all.

(3.) The petitioner was given a further chance to prove this vital link between the currency notes said to have been recovered from Kamatchi Moopan and the subject matter of the crime. But, the learned Judge found ultimately that there is no evidence to connect the alleged offence of cheating with the money recovered from Kamatchi Moopan. In the light of this finding, the learned First Assistant Sessions Judge was justified in directing the restoration of Rs. 4000/- to the possession of Kamatchi Moopan.