MARIAPPAN ALIAS MUTHU Vs. STATE

JUDGEMENT

(1.) The appellant/accused, who stood charged, tried and found guilty under Ss 395 and 397 of I.P.C. and sentenced to 10 years R.I. each has brought forth this appeal. Since the other accused were absconding, the case was split up and was committed to the Court of Sessions only in respect of the appellant.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows: (a) P.W.1 Nagulsamy was living with his wife P.W.2 Arukkani and his daughter P.W.3 Thamizharasi in Kathavadi Village, Karur District. On 10.12.1990 at witch hour, when P.Ws.1 to 3 were sleeping, the doors of the house were knocked by the accused. When P.W.1 opened the doors, the appellant along with seven others namely Solan @ Murugan, Karuppasamy @ Karuppu, Siva @ Sivan, Verran, Rajenderan, Chandiran and Malaichami armed with deadly weapons made illegal entry into the house with the common intention of committing dacoity and locked the door from inside. The appellant wielded his knife against P.W.1 on his left hand, while all other assailants were threatening the witnesses with knife. They looted gold jewels namely M.Os.1 to 4 worth about Rs.16,000/- and a cash of Rs.100/- and fled away from the site of occurrence. P.Ws.2 and 3 have also witnessed the occurrence. P.W.1 proceeded to Velliyanai Police Station and lodged Ex.P1 complaint to P.W.8 Vijayasekaran, Sub Inspector of Police (Crimes), who on the basis of Ex.P1 registered a case in Crime No.420/90 under Ss 457 and 395 of I.P.C. Ex.P8 printed F.I.R. was despatched to the concerned Judicial Magistrate's Court, while the copies were sent to the higher officials. P.W.1 was sent to the Government Hospital, Karur with a medical memo for treatment. P.W.7 Dr.P.Arumugam attached to the Government Hospital, Karur treated P.W.1 on 11.12.1990 at 9.00 A.M. and issued Ex.P7 wound certificate. P.W.10 Panneerselvam, Inspector of Police, Karur Taluk Police Station, on receipt of the copy of the F.I.R., took up the investigation, proceeded to the site of occurrence and prepared Ex.P11 observation mahazar in the presence of the witnesses and Ex.P12 rough sketch. The Investigating Officer examined P.Ws.1 to 4 and recorded their statements and informed the same to finger print experts and sniffer dog wing to inspect the occurrence place. (b) P.W.11 K.Thiagarajan, Inspector of Police, Udumalaipet (Crimes) while investigating the cases in Crime Nos.7/91 and 9/90, on 9.4.1991 arrested the absconded accused namely Chandiran and Rajendiran and recorded their confessional statements and on the basis of the confessions, he made recoveries. On 20.4.1991 at about 7.45 P.M., P.W.11 arrested the appellant along with the absconded accused namely Siva @ Sivam and Karuppu @ Karuppasamy in Crime No.420/90 and recorded their confessional statements in front of P.W.5 and one Rajendran. The admissible portion of the confessional statement made by the appellant is marked as Ex.P13. Pursuant to the said confession, the accused took P.W.11 to Madurai, where M.O.1. gold necklace, M.O.2 (series) 3 gold rings, M.O.3 (series) gold bangles and M.O.4 (series) gold studs were recovered from P.W.6 Ramesh, a Jeweller under Ex.P14 mahazar. The accused were sent for remand. On 25.4.1991 P.Ws.1 to 3 identified their properties at Udumalaipet Police Station to P.W.11. P.W.11 examined P.Ws.1 to 3 and recorded their statements. Thereafter, on 20.5.1991, the Investigating Officer took the custody of the appellant and other accused for interrogation in respect of the other cases. P.W.11 made a request for conducting test identification parade in respect of the appellant and other accused before the concerned Court. P.W.9 Mr.Thangakani, Judicial Magistrate No.II, Karur conducted test identification parade in respect of the appellant and the other absconded accused on 10.5.1991 at Central Prison, Tiruchy and prepared Ex.P9 identification parade report. P.W.12 T.M.Ambigapathy, Inspector of Police (Crimes), Karur Taluk Police Station took up further investigation, verified the records, examined the witnesses, recorded their statements, received the case properties from P.W.11 and produced before the Judicial Magistrate No.I, Karur. On completion of the investigation, he filed a charge sheet against the appellant and other accused on 30.8.1991. Since the other accused who were arrested absconded, the case was split up and the appellant was committed to the Court of Sessions for the conduct of the trial.

(3.) In order to prove the charges levelled against the accused, the prosecution examined 12 witnesses and marked 16 exhibits and 4 material objects. After the completion of the evidence on the side of the prosecution, the accused was questioned under S.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, and the accused flatly denied the same as false. No defence witness was examined. On consideration of the rival submissions and scrutiny of the available materials, the trial Court found the appellant/accused guilty under Ss 395 and 397 of I.P.C. and sentenced him to undergo the imprisonment, as stated supra.