STATE Vs. KOANJIAPPAN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment passed by the learned Judicial Magistrate, Vridhachalam in C.C.No.718 of 1995 acquitting the accused Nos.1 to 6 from the charges under Sections 457 and 380 r/w 34 IPC.

(2.) THE learned Government Advocate submits that out of the six respondents/accused Nos.1 to 6 only the 2nd and 5th respondents are alive and all the other respondents 1, 3, 4 and 6 have died. THE charges against the accused are that on 05-06-1995 in the night hours the accused break opened the lock, entered into the Arulmighu Vishvaneswarar Temple in Nallur Village and committed theft of seven Panchaloga Swamy idols and taken them in a van TN31-X-1873.

(3.) THE accused were questioned with regard to the incriminating circumstances and have denied the same. THE Trial Court after considering the evidence acquitted all the accused. THE Trial Court has disbelieved the Mahazar witness for the recovery of the idols.