order of acquittal passed by the trial Court in C.C.No.31 of 1999 on the file of the Additional District Judge-cum-Chief Judicial Magistrate, Kumbakonam and that the accused be convicted of the offence as charged.

1. This appeal has been filed by the State, challenging the acquittal of the respondents/accused in C.C.No.31 of 1999 on 25.06.2002, by the learned Additional Chief Judicial Magistrate, Kumbakonam, for the offences under Sections 120(B), 457(2), 380(2) read with 109 IPC.

2. It is the case of the prosecution that on 17.12.1990, A.R.Swaminathan [P.W.2] who is the Hereditary Trustee of Arulmighu Viswanathasamy Temple in Anaikudi Village, Kumbakonam [hereinafter referred to as ' The Temple'], opened the temple in the morning and found that the doors of the shrine were forcibly broken and seven idols were missing. He also found the idol of Lord Nataraja lying near southern side of the compound wall inside the campus. P.W.2 went to the local HR & CE office and informed this to the Assistant Commissioner of the HR & CE Department who deputed one S.Sambandam [P.W.3] Inspector of Temples to visit the temple. Accordingly S.Sambandam [P.W.3] visited the temple and together with P.W.2 they went to the Thirupanandal Police Station, where P.W.2 gave a written complaint [Ex.P6] giving the description of the seven idols based on which, a case in Thirupanandhal Police Station Cr.No.495/1990 under Sections 457 and 380 IPC was registered on the same day. For a pretty long time there was no break through in the investigation.

(a) On 03.04.1991, Maruthamuthu, [P.W.37] Inspector of Police attached to the Idol wing [CID] received credible intelligence that one Nadodi [A2] was in possession of an idol and so he searched the house of the said Nadodi @ Anbazhagan [A2] in Saakottai village in Thanjavur West District in the presence of Ramanujam, V.A.O. [P.W.17] and one Ayyasamy [not examined]. During the search, the police recovered an idol of Lord Subramanya in two pieces, namely head portion [M.O.2] and body portion [M.O.1]. This was recovered under the cover of Mahazar [Ex.P10]. After recovery, A2 was arrested by Balasubramanian, Inspector of Police [P.W.36] and his confession statement was recorded. Thereafter, a case in Nachiarkoil Police Station Cr.No.229/91 under Sections 41 and 102 Cr.P.C. was registered against A2 for the purpose of further investigation. The printed FIR in Cr.No.229 of 1991 is Ex.P36.

(b) During the interrogation of A2, he revealed the theft of the idol from Sri Viswanathasami Temple, Anaikudi and came forward to identify and disclose the involvement of the other accused in the Anaikudi temple case. He took the police to Tirunageswaram and identified Nagalingam [A3] who was arrested around 7.30 p.m. on 03.04.1991. On the confession of Nagalingam [A3], the police discovered the idol of Goddess Valli which was broken into three parts, namely body part [M.O.3], head portion [M.O.4] and hand portion [M.O.5]. These three pieces were kept buried in the bank of a dry rivulet in the southern side of Thirunageswaram village. The place of discovery was shown by A3 and the police recovered the three pieces under the cover of Mahazar [Ex.P15] in the presence of Sivanandan [P.W.20] and Mani [not examined].

(c) Nagalingam [A3] further came forward to identify one Selvaraj [A4], who was also allegedly involved in the Anaikudi temple theft. He took the police party to Thiruvudaimaruthur village where he identified Selvaraj [A4], who was arrested by the police on 6.30 a.m. on 04.04.1991. Selvaraj [A4] gave a confession statement to the police and the admissible portion of which is Ex.P16, wherein he told the police that he would take them to the place where he had hidden an idol. He took the police party across the field of one Shankar and showed the spot beneath a tamarind tree wherein he had buried the idol. The police party dug the spot and recovered the idol of Goddess Deivanai [M.O.6] under the cover of Mahazar [Ex.P1