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2004 Supreme(Mad) 509
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R.BANUMATHI
Suresh & Another - Appellant
Versus
Inspector of Police & Another - Respondents
CRL.APPEAL Nos.18 and 350 of 1998
Decided On : 25 March 2004
The main legal point established is the reliance on victim evidence, recovery of stolen articles, and immediate arrest in establishing the guilt of the accused in a dacoity case.
Headnote:
Criminal Appeal - Dacoity - Sec.450, Sec.323, Sec.326, Sec.395, Sec.397 - Summary of Acts and Sections
Fact of the Case:
The case involved a dacoity at an estate bungalow where the accused, armed with weapons, tied and assaulted the victims, looted the property, and attempted to escape in a van. The victims reported the incident, and the accused were intercepted and arrested by the police.
Finding of the Court:
The trial court found the accused guilty based on the evidence of the victims, recovery of stolen articles, identification parades, and the circumstances of the arrest. The accused were convicted for various offenses including dacoity, causing injuries, and house trespass.
Issues: The main issues included the reliability of victim identification, recovery of stolen articles, the number of accused involved, and the delay in holding identification parades.
Ratio Decidendi: The court relied on the victims' consistent and spontaneous evidence, recovery of stolen articles from the accused, and their immediate arrest. The delay in holding identification parades was justified due to the victims' injuries and the apprehension of one of the accused.
Final Decision: The appeals were dismissed, and the trial court's judgment convicting the accused was confirmed.
Criminal Appeal No.18 of 1998: Second Accused in S.C.No.10 of 1997 on the file of Assistant Sessions Judge, Udhagamandalam is the Appellant in this appeal.
2. Criminal Appeal No. 350 of 1998: Accused Nos.3 and 4 in S.C.No.10 of 1997 on the file of Assistant Sessions Judge, Udhagamandalam are the Appellants in this appeal.
3. By the Judgment dated 01.10.1997 in S.C.No.10 of 1997, the Appellants and first Accused Chelladurai were convicted by the Trial Court for various offences and sentenced to undergo Rigorous Imprisonment.
4. Both the appeals arise out of common Judgment; common points for determination are involved in both the appeals. Hence, both the appeals were heard together and disposed of by this common Judgment.
5. Case of the prosecution could briefly be stated thus:- P.W.1 - Ponvel is the Assistant Manager in Glendale Estate, Runnymade Division, Coonoor at the time of occurrence. His wife - P.W.6 (Sujatha Ponvel) and children went to Madras. On the night of 13.04.1996, P.W.1 was alone in the Estate Bungalow. P.W.7 (Ganesan) - Watchman was outside the Bungalow.
6. Occurrence. On 13/14.04.1996 - 1.30 a.m., five persons came to the Bungalow and three of them (A.2, A.3 and A.4) were armed with 'Kattai'. A.1 and Deceased Accused Perumal was armed with Aruval. Having gained entry into the Bungalow, they beat P.W.7 - Watchman and tied his hands asking for his 'Mudalali'. P.W.7 called "Jiu. Jiu". Upon hearing the noise, P.W.1 - Ponvel put on the switches, opened the door and came out. P.Ws.1 and 7 were taken inside the Reception Room by the Accused and confined there. Deceased Accused Perumal cut P.W.1 with Aruval. While resisting the attack, P.W.1 - Ponvel sustained injuries on his left index finger. A.2 and A.3 beat P.W.1 with 'Kattai' on his head and shoulder. By pleading not to do anything, P.W.1 handed over Bureau Key. When he tried to escape, A.4 - Manickam, who was keeping watch on the Bath Room side, beat P.W.1 with 'Kattai'. The Accused searched the Bungalow and robbed the jewels and money. They also took P.W.7 - Watchman to search for jewels. Accused had also taken the cash of Rs.9,000/-, V.C.R., Tape-recorder, etc. After robbing the articles, the Accused escaped in a Maruti Van bearing Registration No.TN 41 A 8668 kept in the Bungalow.
7. Complaint and Registration of the Case. Injured P.W.1 - Ponvel took his motor cycle and went to Coonoor Police Station. On the early morning - 2.00 a.m. on 14.04.1996, P.W.1 lodged Ex.P.1 - Complaint before P.W.16 - Head Constable. On the basis of Ex.P.1 - Complaint, P.W.16 registered a case in Crime No.240 of 1996 under Sec.394 I.P.C. under Ex.P.27 - First Information Report. Injured P.Ws.1 and 7 were sent to Coonoor Government Hospital for treatment.
8. Investigation. P.W.20 - Inspector of Police had taken up the investigation. He inspected the Runnymade Division Estate in the presence of P.W.9 - Murugan and one Prabhakaran. Ex.P.16 - Observation Mahazar and Ex.P.34 - Rough Plan were prepared on the scene of occurrence. M.O.39 series - Photographs were taken by P.W.13 (Thangaraj) - Photographer.
9. Interception of Maruti Van and arrest of the Accused.
On the night of 13.04.1996, P.W.17 - Sub Inspector of Police and his party, Karamadai were on regular patrolling duty in the National Highways. On 14.04.1996 - 3.30 a.m., they received information from Coimbatore Control Room about the Maruti Van, which sped away with robbed articles and the dacoities. Upon receipt of such information, P.W.17 - S.I. of Police thoroughly checked the vehicles.
10. At about 4.00 a.m., they spotted M.O.1 - Maruti Van which did not stop for signal by the Police party. P.W.17 and his party chased the Maruti Van to some distance. In North Kovai over Bridge, the Maruti Van hit against the Bridge and stopped. Deceased Accused Perumal jumped from the Bridge. A.4 - Manickam had run away. At about 4.30 a.m., A.1 to A.3 were arrested. From the Maruti Van, stolen articles, jewels and cash and also weapons
