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2007 Supreme(Mad) 3917
Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE S. ASHOK KUMAR
M. Nallathambi & Others
Versus
The State rep. by the Inspector of Police, Anna Nagar Police Station, Madurai
Crl. Appeal Nos:176, 189, 200 of 2004 and 29, 32 and 67 of 2005
Decided On : 03-12-2007
For the Appellants :S. Ashok Kumar, S.C., for P. Natarajan, Shanmugavelayutham, S.C., for A. Thiruvadi Kumar, Sankarasubbu, S.C., for T. Muruganathan, A. Jayaramachandran, N. Anantha Padmanabhan, Elango, Advocates.
For the Respondent: Kasinathan, Addl. Public Prosecutor.
The judgment emphasizes the importance of credible evidence, validity of confessions, and the sufficiency of punishment in determining the guilt and sentencing of the accused.
Headnote:
LTTE - Criminal Conspiracy - Indian Penal Code (IPC) - Section 412, Section 414, Section 452, Section 395 r/w.397, Section 120(B), Section 212, Section 25(1)(b)(a) of the Indian Arms Act
Fact of the Case:
The accused, supporters of LTTE, conspired to loot a bank to fund the LTTE movement. They trespassed into the bank, threatened officials with deadly weapons, and looted jewels and money.
Finding of the Court:
The court found several accused guilty of various offenses under the IPC and the Arms Act, based on the evidence presented by the prosecution witnesses and the investigation officer.
Issues: The issues included contradictory evidence, involvement of accused in the offenses, and the validity of confessions and recoveries.
Ratio Decidendi: The court analyzed the contradictory evidence, validity of confessions, and the sufficiency of punishment already undergone by the accused.
Final Decision: The court set aside some convictions, confirmed others, and directed the release of the accused based on the sufficiency of punishment already undergone.
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. On receipt of the complaint given by P.W.1, Branch Manager of the Bank, P.W.41, the then Deputy Superintendent of Police, Thiruparangundram, took up investigation and on the same day visited the scene of occurrence and prepared Observation Mahazar, Ex.P.3 and also rough sketch, Ex.P.44 in the presence of mahazar witnesses. He also obtained statements from 31 persons in connection with the occurrence. He sent the finger prints of the accused to find out whether it matches with the finger prints of the LTTE men of other crimes in various cases. He also recovered the Car used for committing the offence under a cover of mahazar Ex.P.3. He arrested the first accused on 21.8.1988 in the presence of witnesses on the Dindigul-Madurai Highways Road, in front of Samayanallur Police Station and obtained confession statement and the admissible portion is Ex.P.15. Based on such confession, P.W.41 recovered the jewels kept in 122 separate small bags. The first accused also taken the police party to the house of the second accused who was arrested on 22.8.1988 and from his house, P.W.41 recovered, local made pistol, bullets, hand grenades, bombs, video cassettes etc., Thereafter the third accused was arrested on the same day and based on his confession knifes were recovered under Ex.P.18, and also 1015.600 grams of gold jewels kept in a plastic bag under Ex.P.19 was recovered. On the same day the fourth accused was also arrested and based on his confession statement P.W.41 recovered gold chain weighing 25.900 grams. P.W.41 also arrested the fifth accused and remanded all the accused to judicial custody.
4. 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 th
