M NALLATHAMBI Vs. STATE

JUDGEMENT

(1.) THE above Criminal Appeals are filed by the appellants/accused Nos:1,3,4,6,7,10 and 11 as against the common judgment rendered in S.C.No:87 of 1989, dated 28.10.2004 by the learned Additional District and Sessions Judge, (FTC. No.1) Madurai and to set aside the conviction of the accused 1,3,4,10 and 11 under Section 412 IPC and sentence imposed upon them to undergo 10 years R.I., each and fine of Rs.5,000/= and in default to undergo 6 months R.I.; and conviction under Section 414 IPC and sentence imposed upon them to undergo 2 years R.I., and to pay a fine of Rs.1000/= in default to undergo 3 months R.I.; and conviction of accused 6 and 7 under Section 452 IPC and sentence imposed upon them to undergo 2 years R.I., each and to pay a fine of Rs.1,000/=, in default to undergo 3 months R.I.; and conviction under Section 395 r/w.397 IPC and sentence imposed upon them to undergo R.I., for 10 years each and to pay a fine of Rs.5000/=, in default to undergo 6 months R.I., each.

(2.) THE brief facts of the prosecution case is as follows:- THE accused 1 to 15 along with other absconding accused, who are the supporters of L.T.T.E., in Sri Lanka, for the purpose of helping the said movement to purchase arms and ammunition, and to run a separate movement in Tamilnadu in the name of Tamilnadu People Liberation Movement, conspired together to loot the jewels and money from the Bank of Madurai Ltd., K.K.Nagar Branch, Madurai and in pursuance of the said conspiracy, on 4-5.8.1988 illegally extorted the Car bearing Registration No:KRU 6187 from its driver; and on 06.08.1988 by replacing the number plate of the said Car bearing Registration No:KRU 6187 as TTN 9687 and also the number plate of the YEZDI Motorcycle bearing Registration No:TID 7181 as TDX 6727, and by carrying deadly weapons along with them, trespassed into the Bank and threatened the Bank Officials with such deadly weapons, including Pistol, and took away gold jewells of 20,593.650 grams and cash of Rs.38,945/= and were concealing the looted properties and thus have committed the offences punishable under Sections 120(b), 452, 395 r/w 397, 412, 414, 212 IPC and Section 25(1)(b)(a) of the Indian Arms Act.

(3.) P.W.41, while continuing his investigation, on 24.8.1988, searched the house of the first accused in the presence of witnesses and no properties were found. He also enquired the owners numbering 51 of the jewels mortgaged with the Bank. P.W.41 also arrested the 8th accused on 1.9.1988; 6th accused on 3.9.1988; 9th accused on the same day; 10th accused on 4.9.1988 and based on their confession statements recovered the material objects. He also arrested the 12th accused on 14.9.1988 and recovered bullets. He also arrested the 13th accused on 19.9.1988 and 14th accused on the same day and P.W.41 arranged for identification parade of all the accused and laid the final report on 18.11.1988 for the offences as stated above.