KRISHNAMURTHY Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) This revision is directed against the judgment of the Principal Sessions Judge, Pondicherry, confirming the conviction and sentence passed by the Chief Judicial Magistrate, Pondicherry under section 379, Indian Penal Code, 1860 against the petitioner to undergo Rigorous Imprisonment for 1/2 years

(2.) The case of the prosecution is that on 4th December, 1981 at 19.30 hours at the junction of Rangapillai Street and Mission Street, Pondicherry, while P.W. 1 and his wife P.W. 2 were proceeding to Anakula Vinayagar Temple, the petitioner came behind on a eycle and snatched the necklace from the neck of P.W. 2. Since P.W. 2 resisted with her hand, one portion of the necklace alone was taken by the petitioner and the another portion was remained in the hand of P.W. 2. P.W. 1 chased the petitioner with the help of people nearby, caught hold of the petitioner and took him to the police station. Nothing was seized from the petitioner at that time. P.W. 2 produced the portion of the necklace remained in his hand and it was marked as O. 1. P.W. 3, a rickshaw-puller produced the dollar of the necklace (S.C. 2) at 18-00 hours on the same day representing that it was found lying on the road side at the junction of Mission Street. To prove the charge against the petitioner, the prosecution examined 5 witnesses, filed three exhibits and marked . .1 and 2.

(3.) The petitioner when examined under section 313, Criminal Procedure Code denied the evidence of the prosecution and contended that when he was going on a cycle in the Vaikkal Street, a person coming from the opposite direction dashed against him, as a result of which he fell down and at that time, P.W. 1 and other people came there and caught hold of him.