KANAGARAJ ALIAS KANAGU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Criminal Appeals arise out of the judgment dated 4.12.2002 in S.C.No.367 of 2002 on the file of the Additional District and Sessions Court (Fast Track Court-3), Coimbatore, whereby, A.5 (appellant in Crl.A.No.998 of 2003) and A.3, were convicted for the offence under Section 414 IPC and each sentenced to undergo three years' rigorous imprisonment, A.1 (appellant in Crl.A.No.16 of 2003), A.2 (appellant in Crl.A.No.331 of 2003), A.4 (appellant in Crl.A.No.93 of 2005) and A.6 (appellant in Crl.A.No.119 of 2005) were convicted for the offence under Section 450 IPC and each sentenced to undergo seven years' rigorous imprisonment and A.1, A.2, A4 and A.6 were also convicted for the offence under Section 395 read with 397 IPC and each sentenced to undergo seven years' rigorous imprisonment. THE sentences imposed on A.1, A.2, A.4 and A.6 were directed to run concurrently. A.3 and A.5 were acquitted of the charges under Sections 450 and 395 read with 397 IPC.

(2.) THE case of the prosecution is as follows: (a) P.W.2 Ponnuthayee is the wife of P.W.1 Nataraj Gounder. THEy were residing in the farm house at Singaanallur, Pollachi. (b) On the fateful day on 28.3.2002 at about 1 a.m., they woke up on hearing the barking of the dog and they also witnessed outside that there was some movement of people. Immediately, they switched on the lights. At that time, the persons outside the house attempted to break open the door of the kitchen. Immediately, P.W.2 took all the jewels and placed them in a flush-out tank. THEn, A.1, A.2, A.4 and A.6 entered into the house after breaking the asbestos sheet and they directed P.Ws.1 and 2 to open the bed room. One of the accused used 'aruval' and threatened P.W.2 to open the bureau. THEn, they searched for the jewels and they took away the same from the flush-out tank. Subsequently, they tied P.Ws.1 and 2 in the chair and left the place. (c) P.W.1 struggled and untied the rope and he also untied the rope of his wife P.W.2 and at 7 a.m., he intimated the same to their sons through P.W.3, who went to P.W.4's house and he used the telephone of P.W.4 and intimated the same to P.W.1's sons. (d) Subsequently, at 10 a.m., P.W.1 went to Aanaimalai Police Station and gave a complaint Ex.P-1. P.W.8 Karuppuasmy, Sub-Inspector of Police, received the same and registered a case in Cr.No.128 of 2002for the offence under Section 392 IPC and prepared Ex.P-17 FIR. (e) P.W.9 Easwaran, Inspector of Police, took up the matter for investigation and he went to the place of occurrence and prepared Ex.P-15 observation mahazar in the presence of P.W.6 Kalimuthu and one Balasubramaniam and he also drew Ex.P-18 rough sketch. (f) THE Police searched for the accused. On 5.4.2002, the Police intercepted the vehicle and at that time, A.1 Kanagaraj @ Kanagu and A.2 Chandrasekaran @ Chinnathambi were proceeding in a mopeds. At that time, P.W.9 Inspector of Police arrested A.1 and A.2 in the presence of P.W.5 Murugajothi and one Vellangiri. A.1 gave a confession and at that time, P.W.9 seized 'aruval' and M.O.18 moped, from A.1 under a mahazar. (g) A.2 also gave a confession and in pursuance of the same, he handed over the stabiliser and M.O.14 aruval under Ex.P-9 mahazar. (h) Subsequently, near Kaligapuram water tank, at 12.30 p.m., on the same day, P.W.9 Inspector of Police arrested A.3 Ramu @ Ramakrishnan, A.4 Raja @ Selvaraj, A.5 Sathishkumar @ Sathish and A.6 Senthilkumar @ Senthil. At that time, A.3 gave a confession and in pursuance of the same, he handed over M.O.6 anklet, aruval and M.O.16 TVS-50 two-wheeler, which were seized under Ex.P-11 mahazar. Likewise, A.4 also gave a confession and he handed over M.O.7 ring, M.O.8 black colour 'pasi' chain, M.O.11 bangle and M.O.2 knife (gprRth fjjp) under Ex.P-12 mahazar. (i) A.5 has also given a confession and in pursuance of the same, he handed over M.O.9 bangle, M.O.12 'thali' chain, aruval and M.O.17 TVS moped, which were seized under Ex.P-13 mahazar. A.6 also gave confession and in pursuance of the same, M.O.10 nose screw and stabiliser have been seized under Ex.P-14 mahazar. (j) P.W.9 Inspector of Police sent the accused for judicial custody. He also sent the material objects seized to the concerned Court. (k) On 9.4.2002, P.W.9 Inspector of Police gave requisition to the Court for conducting test identification parade. In pursuance of the same, after receiving the proceedings from the concerned Court, P.W.7 Mr.Sivakumar, the then Judicial Magistrate No.2, Pollachi, followed the procedures and conducted the test identification parade and submitted Ex.P-16 test identification parade report. (l) P.W.10 Vijayan, another Inspector of Police, took up the matter for further investigation. He examined the witnesses of the identification parade and recorded their statements. He filed the charge sheet against the accused for the offences under Sections 450 and 395 read with 397 IPC.

(3.) LEARNED counsel for A.5 would contend that the arrest is not proved and admissible portion of the confession obtained from the A.5 was not marked. So, there is no document to prove that A.5 was in possession and assisting for concealment of the stolen properties. Hence, the ingredients of Section 414 IPC are not made out. Therefore, he prayed for acquittal of A.5.