KUMAR Vs. STATE

JUDGEMENT

(1.) These Criminal Revision cases have been filed to set aside the Judgment of the Learned III Additional District and Sessions Judge, Tiruppur passed in C.A.Nos.79 and 80 of 2016, confirming the Judgment of the learned Judicial Magistrate, Kangayam, dtd. 11/7/2016 passed in C.C.No.280 of 2014, thereby convicted the petitioners for the offences punishable under Ss. 457 and 380 of IPC.

(2.) The case of the prosecution is that on 7/10/2013, the MRF Tyre company owned by the defacto complainant was broke open by all the accused, who had stolen 24 MRF tyres which were meant for lorry back wheel, worth about Rs.6,10,080.00 and 12 MRF tyres which were meant for van. Thereafter, the tyres were loaded in the vehicle bearing Registration No. TN 11 X 4959, TATA 407 van owned by the third accused and the vehicle bearing Registration No. TN 72 M 9192, Tavera car, owned by the first accused. On the complaint, the respondent registered an FIR in Crime No.388 of 2013 for the offences punishable under Ss. 457 and 380 of IPC. After completion of investigation, the respondent filed a final report and the same has been taken cognizance in C.C.No.280 of 2014, on the file of the learned Judicial Magistrate, Kangayam.

(3.) On the side of the prosecution, they examined P.W.1 to P.W.8 and marked Exs.P1 to P8 and also marked material objects M.O.1 to M.O.5. On the side of the petitioners no one was examined and no document was marked. On a perusal of oral and documentary evidence, the Trial Court found the accused guilty for the offences punishable under Ss. 457 and 380 of IPC and sentenced them to undergo 3 years rigorous imprisonment each, for the offence punishable under Sec. 457 of IPC and also awarded compensation of Rs.5000.00 each, in default, to undergo three months imprisonment. The accused were sentenced to undergo 3 years rigorous imprisonment each, for the offence punishable under Sec. 380 of IPC and also awarded compensation of Rs.5000.00 each, in default, to undergo three months imprisonment. Aggrieved by the same, the accused preferred appeals and the same were dismissed confirming the Judgment and conviction imposed by the Trial Court. Hence, these revisions.