M PERIYASAMY Vs. STATE

JUDGEMENT

(1.) The petitioner is the sole accused in C.C. No. 525 of 2003 on the file of the learned Judicial Magistrate No.I, Tirupur. The petitioner was tried for the offences punishable under Sections 457 and 380 of IPC. On conclusion of trial, the trial Court convicted the petitioner for the offences punishable under Sections 457 and 380 of IPC and sentenced to undergo rigorous imprisonment for a period of one year. Aggrieved by the same, the petitioner filed Criminal Appeal No. 306 of 2008 and the appellate Court, by judgment dated 28.11.2008 confirmed the conviction imposed on the petitioner under Sections 457 and 380 of IPC but modified the sentence from one year to six months for each of the offences and the sentences were ordered to run concurrently. It is as against the Judgment of the Appellate Court, the petitioner is before this Court with this Criminal Revision Case.

(2.) The case of the prosecution is that on the night of 01.01.2003, the petitioner criminally trespassed into the shop run by one Balasubramaniam in the name and style of Gowri Dyes and Chemicals at L.R.G. Layout, Bridge way colony, Tirupur and committed theft of 45 sovereigns of jewels, Rs.25,000/- in cash by breaking open the lock of the shop. On 03.01.2013, when PW1 returned from Tiruchendhur to his shop, he was shocked to see the missing of articles and the lock of the door broken. Immediately, a complaint was given to PW8, Kasi, the Sub Inspector of Police based on which the case in Crime No. 11 of 2003 came to be registered for the offence punishable under Sections 457 and 380 of IPC. During the course of investigation, PW9, Inspector of Police went to Tiruppur old bus stand when on seeing him, the accused attempted to flee. PW9 caught hold of the accused and enquired him in the presence of PW3, Ramamoorthy and PW7, Bagavathiraja and the accused alleged to have confessed the theft committed by him from the shop of PW1. The confession given by the accused also led to recovery of Mo2 and Mo3, golden vankis and cash of Rs.2,000/- and they were recovered under a Mahazar, Exs. P3. Thereafter, the accused had taken the investigation team to the house of one Murugesan where Mo1, Golden Ottiyanam, Mo4 series, Golden bangles - 6 Nos, Mo5, Golden Aaram and cash to the tune of Rs.18,000/- were recovered. The investigation agency also recovered an iron rod used by the accused for commission of the offence. Thereafter, the accused was sent to the Court of learned Judicial Magistrate No.1, Tirupur for remand.

(3.) During the course of trial, the prosecution examined 9 witnesses, produced 9 documentary evidence and marked 6 material objects to strengthen their case. When the accused was questioned uner Section 313 of Cr.P.C., he denied his involvement in the offence and also denied the evidences appearing against him. The trial Court, on consideration of the oral and documentary evidence made available, convicted the accused for the offences punishable under Sections 457 and 380 of IPC and sentenced him to undergo rigorous imprisonment for a period of one year. Such sentence alone was modified by the Appellate Court into six months.