SANTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision is directed against the conviction and sentence imposed by the learned I Additional Sessions Judge, Madurai, in C.A. No.7 of 1992 confirming the conviction but altering the nature of the offence to Section 403 Indian Penal Code as against the findings of the learned Special Judicial Magistrate No. VII, Madurai, in C.c. No. 13 of 1991.

(2.) The admitted facts are that P.W. 1, a resident of Madurai, had been to Madras to her daughterTs house and was returning by Muthunagar Express, which started on 20.6.1990 evening. In reserved compartment 5-1, she was occupying seat No. 15 and along with her, these revision petitioners and the member of their troupe, who were engaged in music performance for propaganda purposes, also were travelling. The first revision petitioner became friendly with P. W. 1 during the journey. The Ticket Examiner came to check the tickets and P.W. 1 after showing her ticket to the Ticket Examiner, kept the ticket within a wallet containing two chambers in which she kept some gold ornaments in one chamber and Rs. 401 and the railway ticket in the other chamber. She kept this wallet within a handbag and left it underneath her seat. On 21.6.1990 early morning by 4.30, the train reached Madurai and P.W. 1 got down from the train along with her articles and revision petitioners and their party also alighted after her. P.W. I, while reaching the outer gate of the station, opened the handbag to take out the wallet in which her journey ticket was kept, but to her dismay, she found the same missing. She came back to the coach in which she travelled and searched for the wallet but could not find it and none was in the compartment at that time. She came home and as her husband was not in town and returned back only on 25.6.1990, she told her husband about the incident and immediately both of them went to Madurai Railway Police Station where she lodged the complaint Ex. P.1. P.W. 5, the Inspector of Police, ascertaining from P.W. 1 that a music party travelled in the same coach proceeded to Vannivelampatti village on the same night at about 10.30 P.M. along with P.W. 3 and another and identifying the music party near the bus stop, enquired these revision petitioners. The revision petitioners admitted that the wallet containing the jewels and cash were with them and they produced the same to P.W. 5, the Inspector. They also gave the statements Exs. P.3 and PA and the Inspector of Police P.W. 5 seized the articles in the presence of P.W. 3.

(3.) The revision petitioners were prosecuted for the offence under Section 379 Indian Penal Code and they were found guilty by the learned Magistrate but he released them under Section 4(1) of the Probation of Offenders Act. On appeal before the lead Additional Sessions Judge, Madurai, he found that there is no evidence for the theft of the walJet containing the gold ornaments, but he found the revision petitioners guilty of the offence under Section 403 Indian Penal Code. Hence this revision.