STATE BY: INSPECTOR OF POLICE Vs. JACOB

JUDGEMENT

(1.) This appeal has been filed by the State, challenging the acquittal of the respondents/accused in C.C.No.31 of 1999 on 25.06.2002, by the learned Additional Chief Judicial Magistrate, Kumbakonam, for the offences under Sections 120(B), 457(2), 380(2) read with 109 IPC.

(2.) It is the case of the prosecution that on 17.12.1990, A.R.Swaminathan [P.W.2] who is the Hereditary Trustee of Arulmighu Viswanathasamy Temple in Anaikudi Village, Kumbakonam [hereinafter referred to as ' The Temple'], opened the temple in the morning and found that the doors of the shrine were forcibly broken and seven idols were missing. He also found the idol of Lord Nataraja lying near southern side of the compound wall inside the campus. P.W.2 went to the local HR & CE office and informed this to the Assistant Commissioner of the HR & CE Department who deputed one S.Sambandam [P.W.3] Inspector of Temples to visit the temple. Accordingly S.Sambandam [P.W.3] visited the temple and together with P.W.2 they went to the Thirupanandal Police Station, where P.W.2 gave a written complaint [Ex.P6] giving the description of the seven idols based on which, a case in Thirupanandhal Police Station Cr.No.495/1990 under Sections 457 and 380 IPC was registered on the same day. For a pretty long time there was no break through in the investigation.

(3.) When the accused were questioned, Anbazhagan @ Nadodi [A2] pleaded guilty of the charge and he was sentenced to undergo three years Rigorous Imprisonment. The other accused denied the charges and so the prosecution examined 37 witnesses, marked 56 Exhibits and 22 Material Objects. When the accused were questioned under Section 313 Cr.P.C. they denied the charges. One witness was examined on behalf of the accused. The trial Court considered the evidence adduced by the prosecution and the defence and acquitted the accused on the following grounds.