KUMAR @ MAYAKUMAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal has been preferred challenging the judgment dated 24.10.2008 passed by the learned Additional District and Sessions Judge (FTC'V), Coimbatore at Tiruppur in S.C.No.189 of 2007.

(2.) Heard Mr.Ashok Kumar, learned counsel for Kumar @ Mayakumar (A1) and Mr.G.Ramar, learned Government Advocate (Crl. Side).

(3.) The case of the prosecution is that on 09.11.2004, around 00.45 hours, five persons armed with weapons entered the house of Karuppusamy Gounder (PW3) and after hurting him, decamped with 50 sovereigns of gold and cash of Rs.5,50,000/-. On the complaint (Ex.P1) lodged by Nachimuthu @ Murugesan (PW1), S/o.Karuppusamy Gounder, a case in Crime No.982 of 2004 was registered by the Police and investigation was taken up by C.P.Arumugam (PW12) Inspector of Police. On his transfer, investigation was conducted by Loganathan (PW13) and final report was filed against five accused, of which, two accused viz. Murugan and Vijayan were shown as absconding accused. The final report was taken on file as P.R.C.Nos.5 of 2006 and 21 of 2007 and the case was committed to the Court of Session, Coimbatore in S.C.No.189 of 2007 (S.C.No.41 of 2008 clubbed) and made over to the Additional Sessions Court (FTC-V) Tiruppur for trial. The trial Court framed charge under Section 397 r/w 34 IPC against Kumar @ Mayakumar (A1), Rajini (A2) and Palani @ Palanikumar (A3). When questioned, the accused pleaded not guilty.