RAMALINGAM CHETTIAR Vs. NOOR MOHAMED

JUDGEMENT

(1.) THESE three revision cases are disposed of together, since the petitioner is the same and most of the respondents are also common, though counter claimants, claiming to be entitled to possession of the case property, are different.

(2.) A common order was passed in appeals, on two different applications preferred by the petitioner before the Chief Judicial Magistrate, Pudukkottai and numbered as Crl.M.P. Nos.1307 and 1308 of 1987 respectively, leading to preferring of Crl.App. Nos.85 and 86 of 1988 before the learned Sessions Judge, Pudukkottai, which are now subject matters of Criminal Revision Nos.273 and 374 of 1989.

(3.) WHILE, so, on 21.4.1986 one Nagoor Pichai was arrested by the second respondent (Manickavasagam) who was then inspector of Police, Thanjavur Taluk Police Station. When examined Nagoor Pichai confessed of his having committed theft in 38 different places, which included the houses of Noor Mohamed and Venkatachalapathy, first respondent in Crl.R.C. Nos.273 and 274 of 1989 respectively. On information furnished by the second respondent, fourth respondent (Natarajan) then Inspector of Police, Pudukkottai Police Station joined the former, in investigation. On the basis of the confession of Nagoor Pichai, it became evident that he had sold, the jewellery committed theft of, from the houses of Noor Mohamed and Venkatachalapathy, at the jewellery shop of the petitioner, situated at Chidambaram. Respondents 2 and 4 proceeded to Chidambaram along with Nagoor Pichai, At or about 10 a.m. on 24.4.1986, Nagoor Pichai pointed out the petitioner, who was then present in his shop, "Murugan Jewellery" situated in Bazaar Street, Chidambaram. Nagoor Pichai stated that he had sold the jewellery committed theft of from the house of Noor Mohamed and Venkatachalapathy to the petitioner herein, It is the case of respondents 2 and 4 that the petitioner admitted having purchased stolen jewellery from Nagoor Pichai and thereafter produced 22 items of jewellery, allegedly committed theft of from the house of Noor Mohamed and that included a small gold ingot. Similarly, petitioner produced five different pieces of jewellery weighing approximately 104 gms. allegedly committed theft of from the residence of Venkatachalapathy. On completion of investigation charge sheets were laid against Nagoor Pichai, before the Chief Judicial Magistrate, Pudukkottai, resulting in cognizance being taken in C.C. Nos.578 and 579 of 1986. Offences alleged against Nagoor Pichai were under Secs.457(2) and 380, I.P.C. Nagoor Pichai admitted his guilt and was sentenced to undergo rigorous imprisonment for 14 months under each count in C.C. No.578 of 1986, while in C.C. No.579 of 1986 he was sentenced to undergo rigorous imprisonment for 8 months, under each count. Substantive sentences of imprisonment were directed to run concurrently in each one of these cases, as well as jointly in both the calendar cases. Those judgments were pronounced by the Chief Judicial Magistrate on 17.9.1986.