PERIASAMY Vs. STATE THROUGH SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) These Criminal Revisions are directed against the Judgment passed by the Principal Sessions Judge, Virudhunagar @ Srivilliputhur, dated 21.04.2009 made in C.A.No.68 of 2004, modifying the Judgment of the Judicial Magistrate No.II, Srivilliputhur, passed in C.C.No.89 of 2001, dated 21.04.2009.

(2.) According to the prosecution, all the accused trespassed into the house of PW1 and committed theft. The Inspector of Police, attached to Srivilliputhur Town Police Station has filed a final report under Sections 457 and 380 IPC r/w 34 IPC against the accused.

(3.) In the trial court, 60 witnesses were examined, 62 Exhibits and 18 material objects were marked. When the accused were questioned about the incriminating circumstances, they denied the same. The trial court convicted the accused with a sentence of 2 years RI with fine of Rs. 100/-, in default to undergo two months of RI under Section 457 IPC and 2 years RI with fine of Rs. 100/-, in default to undergo two months of RI for the offence under Section 380 IPC r/w 34 IPC.