THANGAPANDIA THEVAR Vs. STATE

JUDGEMENT

(1.) A.3 Thangapandia Thevar in C.C.No.505 of 1980 on the file of the Court of the learned Judicial First Class Magistrate, Tirunelveli, is the revision-petitioner in Crl.R.C.No.248 of 1982. A-.1 Kompiah in the said case is the revision-petitioner in Crl.R.C.No.272 of 1982. These revision cases have been filed against the judgment dated 26.4.1982 in C.A.No.60 of 1982 on the file of the Court of the learned Sessions Judge, Tirunelveli, confirming the conviction of A.1 Kompiah under section 411, Indian Penal Code and A.3 Thangapandia Thevar under section 457 and section 380, Indian Penal Code, but modifying the sentence of rigorous imprisonment for six months imposed on A.1 into one of rigorous imprisonment for three months, and confirming the sentence of rigorous imprisonment for nine months imposed or A.3 Thangapandia Thevar by the trial Court.

(2.) THE case of the prosecution in brief is as follows: THEre is Sivan Temple at Melapattam Village. In the said temple, P.W.1 Ponnappa Bhattar is serving as an 'archakar'. P.W.2 Muthukrishnan is his son. On 17.1.1977, during morning hours, P.W.1 was performing pooja in the temple. During evening after performing pooja in the temple P.W.2 locked the temple, came to the house and gave the keys to P.W.1. On the next day in the morning Veeramuthu Pillai who used to pluck and furnish flowers to the temple came to the house of P.W.1 and informed that the southern 'vasal'gave of the temple had been removed and that the lock was also found kept on the pial. P.Ws.1 and 2, and Veeramuthu Pillai went to the temple. THEy found that the east 'vasal'gate of the temple was kept open, and the lock which was locked from inside was also removed and laying there. Natarajar idol which was kept on the northern side of 'Mani Mandapam'on an alter, Sivagami Ambal idol and the idol consisted of 'Seevili Nayagar and Ambal'were also found missing. 'Six Vadam'silver sacred thread adorned on the idol of Thirupirandheeswarar in the sanctum sanctorum, 'udhiratcha'garland containing silver thread, silver sacred ash plate, brass 'Nila Anghi', gold 'pottu', as well as silver 'Vel Ayutham', silver sacred ash 'pattai', brass 'kudam,'brass 'thondi'and brass 'chembu'- which were kept in a steel trunk on the north-eastern corner of the temple were also found stolen. P.W.1 gave Ex.P-.1 statement to P.W.3 - the village Munsif of Melapattam. P.W.3 sent Ex.P-.1 along with Ex.P-.4 'Yadast'to the police station through his 'Thalayari'. P.W.7 Srinivasan, Sub Inspector of Police, Tirunelveli taluk police station registered the same as Crime No.36 of 1977 under Sections 457 and 380, Indian Penal Code. He went to the place of occurrence and prepared Ex.P-.2 observation mahazar and Ex.P-.8 plan of the place of occurrence. At about 3-.30 p.m., he seized M.O.8 'Asura Devi'idol and M.O.9 betal box which were found lying at the place of occurrence under Ex.P-.9 mahazar. P.Ws.1 and 3 attested Exs.P-.2 and P-. 9. P.W.7 was transferred to another station. On 11. 7. 1979, at about 2.00 a.m., in the morning, P.W.11 Alexander Mohan, Deputy Superintendent of Police (under training) at Tirunelveli, P.W.6 Subbiah, Shanmugha THEvar and other persons belonging to police department were proceeding from Chellaperion the road proceeding to 'Naraikinaru'. At that time they found the accused coming opposite to them. P.W.11 arrested them. P.W.11 enquired A.1. A.1 gave a voluntary confessional statement at that time, and admissible portion of which is Ex.P-. 6. First, when M.O.13 gunny bag kept by the accused was opened, M.O.4 'Seevili Nayagar'idol and M.O.5 Natarajan idol, the hands and legs of which were broken, were found inside. P.W.11 seized them under Ex.P-.5 mahazar. A.1 identified P.W.4 Perumal Achari. From P.W.4, M.Os.6 and 7 two melted metel ingots were seized by P.W.11 under Ex.P-.7 mahazar. In Exs. P-.5, P-.6 and P-.7, P.W.6 and one Shanmugha THEvar have put their signatures as attesting witnesses. On 18.1.1977 P.W.8 Natarajan, finger print expert, Palayamcottai, went to the place of occurrence and examined the finger prints that were found on M.O.8 Asuradevi idol and M.O.9 betel box. On 18.1.1977, P.W.9 Krishnan, the photographer attached to Tirunelveli District Police Department, went to the place of occurrence and took photographs of M.Os.8 and 9 from P.W.8 in order to get the enlarged finger prints available in the material objects. M.O.10 series are the photographs taken during that time. P.Ws.8 and 9 had attested the mahazar for the seizure of M.Os.8 and 9. P.W.10 Ramaiah, finger print expert, had given Ex.P-.10 report wherein he had stated that the finger prints found on M.Os.8 and 9 were identical to the finger prints of A-.

(3.) THE evidence of P.W.6 Subbiah and P.W.11 Alexander Mohan clearly proves that A-.1 has committed the of fence under the provision of Section 411, Indian Penal Code. On 17.7.1979, in the early morning, at 2.00 a.m., on the road from Chellaperi leading to 'Naraikinaru', A-.1 was arrested by P.W. 11. In pursuance of Ex.P-.6, voluntary confessional statement given by A-.1, M.O.4 Seevili Nayagar idol and M.O.5, Natarajar idol were seized from A-.1. On the information given by A-.1, M.O.6 and M.O.7 melted metal ingots were recovered from P.W.4, Perumal Achari. P.Ws.6 and 11 deposed about the same. Ex.P-.5 is the mahazar for the seizure of M.Os.4 and 6. P.W.6 who had attested the said Ex.P-.5 rnahazar comprehensively states in his evidence about the seizure of M.Os.4 and 5. Both P.Ws.1 and 2 state in their evidence that M.Os.4 and 5 were kept in Sivan temple at Melapattam. Thus, we find that M.Os.4 and 5 were recovered from A-.1 which were found stolen from Melapattam temple.