K ARJUNAN Vs. STATE THE SUB INSPECTOR OF POLICE B4 RACE COURSE POLICE STATION IN CR NO 1006/2000 COIMBATORE

JUDGEMENT

(1.) THIS revision petition has been preferred by the accused in C. C. No. 61 of 2001 on the file of the Judicial Magistrate No. III, Coimbatore , who has been charged under Section 379 IPC for having committed theft of gold chain weighing 4 1/2 sovereigns.

(2.) THE case was taken on file by the learned Judicial magistrate No. II, Coimbatore , and on appearance of the accused on summons copies under Section 207 of cr. P. C. , were furnished to the accused and when charge under Section 379 IPC was framed against the accused and explained to him he pleaded not guilty.

(3.) P. W. 2 is the wife of P. W. 1. P. W. 2 would corroborate the evidence of P. W. 1 to the effect that on the day and at the time of occurrence while she was returning after attending the college function along with her husband P. W. 1, the accused who came in a two wheeler snatched away 4 1/2 sovereigns of gold chain from her neck and ran away after leaving the moped and that her husband P. W. 1 preferred a complaint with the police and after some time the police handed over the chain to her. She would further depose to the effect that she had polished the chain and this fact was not known to P. W. 1.