SUGUMARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal revision is directed against the Judgment of the Additional Sessions Judge, Pondicherry at Karaikal confirming the conviction and sentence passed on the petitioner by the Judicial First Class Magistrate, Karaikal, for offences under Ss 457 and 380 nw 34 I.P.C.

(2.) The facts giving rise to the present revision briefly are as follows: The petitioner as the second accused was tried along with two others by the Judicial First Class Magistrate, Karaikal in C.C. No. 89 of 1983 for offences under Ss. 457 and 380 nw 34, I.P.C., in that the three accused in furtherance of their common intention trespassed into Sri Jadayapureeswarar Devasthanam Temple at T R. Pattin am on the night of 17th September, 1983 and broke open the Jock of Adipuramman Sannathi and committed theft of one Panchaloga idol of Adipuramman worth about a lakho rupees. P.W. 2 discovered the idol (M.O. 3) missing and he along with P.W. 4, immediately informed about this fact to P.W. 1. who gave Ex. P1 to P.W. 17, the concerned SubInspector, which was registered as Crime No. 64/83 and which was after investigation, resulted in filing charge sheet against the petitioner and two others.

(3.) During trial, prosecution examined P.Ws. 1 to 18, marked Exs. P1 to PlO and produced M.Os. 1 to 5 On behalf of the petitioner and his co-accused D. W. 1 was examined. The Court examined two police officers C.Ws. 1 and 2. 4. On the basis of the above materials, the trial Court found that the prosecution had proved its case beyond all reasonable doubt as against the petitioner and his two co-accused and convicted the petitioner and one of his co-accused (the first accused) under Ss. 457 and 380, I.P.C. nw 34, I.P.C. and sentenced each of them to undergo rigorous imprisonment for a period of three years on each count and also to pay a fine of Rs. 1.500 on each count, in default to undergo simple imprisonment for nine months and the other co-accused (third accused) was convicted only under S. 380, nw 34, I.P.C., and sentenced him to undergo rigorous imprisonment for a period of eighteen months and to pay a fine of Rs 1,000, in default to undergo simple imprisonment for four months. On appeal by the petitioner and his two co-accused, the learned Additional Sessions Judge, Pondicherry, confirmed the conviction and sentence in so far as they related to the petitioner and the first accused, but acquitted the third accused of the charge under S. 380, r/w 34, I.P.C. The present revision is filed by the petitioner (2nd accused) as against the above judgment of the learned Additional Sessions Judge, Pondicherry.