IN RE: RAMASWAMI Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2 faced a trial before the learned Sub-Divisional Judicial Magistrate, Ramanathapuram, in C.C. No. 246 of 1978 for offences under S. 457(2) and 380, I.P.C. They were convicted for the said offences and sentenced to suffer rigorous imprisonment for three years on each count, the sentence being directed to run concurrently. Al filed an appeal against his conviction and sentence before the learned Sessions Judge, Ramanathapuram Division at Madurai in C.C. No. 384 of 1978. The learned Sessions Judge dismissed the appeal, confirming the convictions and sentences passed by the trial court. Against the said order of the learned Sessions Judge, A1 has preferred this revision petition.

(2.) The case for the prosecution is that on the night of 4th June, 1978 at the Mangalanathaswami temple in Uthirakosamangai village, the accused entered the Nataraja temple by breaking open the lock and committed theft of the Lord Nataraja icon idol worth Rs. 50,000. To substantiate the charge, the prosecution examined seven witnesses.

(3.) P.W. 3 is the watchman of the Uthirtkosamangai Mangalanathaswami temple. On 4th June, 1978, as usual he locked the Lord Nataraja temple in the presence of P.W. I, the Enquiry Officer of the temple. P.W. 2 is another watchman of the temple. As usual, after obtaining the keys from Panchakshram, who is another watchman, P.W. 2 went to the Natarajar temple in the early morning at 4 a.m. to open it. The keys were sent through the watchman to him by Gurukkal. P.W. 2, found to his dismay, the lock of the gate missing and the gate open. Immediately, he ran to Panchakshram and informed him about this. Later, the information was conveyed to P.W. I, the Enquiry Officer. The Gurukkal was sent for. P.Ws.1 and 2 and the Gurukkal went to the Natarajar temple and found the idol missing. P.W. I sent a phone message to the Ramanathapuram Samasthanam, and later gave a report, Ex. Pl, to the police. A case was registered for offences under Ss. 457 and 380, I.P.C. at the Ramanathapuram police station.