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HIGH COURT OF JUDICATURE AT MADRAS
R. MALA, J.
Sadishkumar & Others
Versus
The State Rep. By The Inspector of Police
Criminal Appeal No. 417 of 2007
Decided on: 30-01-2015
Theft - Criminal Appeal - Section 380 IPC - Summary of Acts and Sections: Section 392 IPC, Section 397 IPC, Section 380 IPC - The court discussed the evidence of the witnesses, the contradiction in their statements, and the applicability of Section 380 IPC in the case. The court highlighted the legal provisions of Section 390 IPC and Section 380 IPC and their interpretations, leading to the modification of the criminal appeal from Section 392 IPC to Section 380 IPC.
Fact of the Case:
The criminal appeal arises from the conviction and sentence of the accused under Section 392 IPC for theft of copper and aluminum coils. The prosecution presented witnesses and evidence, while the defense argued contradictions in the witnesses' statements and lack of independent witnesses. The trial court convicted the accused under Section 392 IPC, leading to the appeal.
Finding of the Court:
The court found that the minor contradictions in the witnesses' evidence did not affect the case, as the accused were caught red-handed with the stolen items. It also noted the lack of proof for injuries sustained and the ownership of certain items, leading to the application of Section 380 IPC instead of Section 392 IPC.
Issues: Contradictions in witness statements, applicability of Section 380 IPC, ownership of stolen items, and injuries sustained by witnesses.
Ratio Decidendi: The minor contradictions in witness evidence did not affect the case, and the accused were caught red-handed with stolen items. The lack of proof for injuries sustained and ownership of certain items led to the application of Section 380 IPC instead of Section 392 IPC.
Final Decision: The criminal appeal was modified, and the conviction and sentence under Section 392 IPC were set aside. The accused were convicted under Section 380 IPC and sentenced accordingly.
1. The criminal appeal arises out of the judgment of conviction and sentence, dated 20.04.2006 made in S.C.No.368 of 2006 on the file of the learned Additional District Judge (Fast Tract Court NO.I), Coimbatore, whereby the accused through charged under Sections 395 and 397 IPC, convicted for the offence under Section 392 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2,000/- each in default, to undergo three months simple imprisonment. Against which, the present appeal has been filed.
2. The case of the prosecution is as follows:
(i) On the side of the prosecution, P.W.1 to P.W.9 were examined; Exs.P.1 to P.9 and M.O.1 to M.O.5 were marked.
(ii) P.W.1/Nagaraj, P.W.2/Murugesan, P.W.3/Marudhachalam, P.W.4/Arokiyam and P.W.5/Veerasamy were working as Security Officers in South India Viscose Company. On 02.06.2006 P.W.1 to P.W.5 were in security duty at South India Viscose Company. At about 1.00 p.m., when they were in patrol duty, they heard a noise from the northern side of the Factory. When they went to the place from where they heard the noise, they saw two vehicles, namely, TVS Star City and TVS XL Super motor cycle containing Aluminimum Coils and Copper Coils and there were totally six accused. Immediately, P.W.1 called the other securities who were in the duty and out of the six accused, they caught two accused, namely, Sathishkumar/A1 and Gopal/A2. Then, P.W.1/Nagaraj went to Sirumugai Police Station at about 2.30 p.m. and lodged a complaint, which is marked as Ex.P.1 and handed over the two accused/A1 and A2 along with the material objects/M.O.1 to M.O.4.
(iii) P.W.7/Kanagaraj, Sub-Inspector of Police, Sirumugai Police Station, on receiving the complaint/Ex.P.1 from P.W.1/Nagaraj registered a case in Crime No.123/2006 under Section 397 IPC and prepared the printed FIR/Ex.P.8. Then, he sent the printed FIR/Ex.P.8 to P.W.8/Nithishkumar, Inspector of Police for investigation.
(iv) P.W.8/Nithishkumar, Inspector of Police, on receiving the FIR from P.W.7/Kanagaraj, Sub-Inspector of Police, went to the place of occurrence at about 3.45 p.m. and prepared the Observation Mahazar/Ex.P.2 and drew the rough sketch/Ex.P.9 in the presence of witnesses Arokiyam/P.W.4 and Veerasamy/P.W.5. Then, at about 6.00 p.m. he went to the Police Station, arrested the accused 1 and 2, namely, Sathishkumar/A1 and Gopal/A2 and recorded the confession statement of Sathishkumar/A1 in the presence of witnesses Arokiyam/P.W.4 and Veerasamy/P.W.5. Then, he seized TVS Star City/M.O.2, Aluminium Coils/M.O.1, TVS XL Super motor cycle/M.O.4 and Copper Coils/M.O.3 in Form No.95. Then, at about 7.15 p.m., on the basis of the information received, P.W.8/Nithishkumar went to Pungampalayam Vinayagar Temple and arrested A3 to A6, namely, Rangasamy, Nikanth, Chandrakumar and Murugesan. Then, on the basis of the confession statement of A3/Rangasamy, which is marked as Ex.P.3, P.W.8 went to Nayakkar Thottam in the rear side of South India Viscose Company and seized M.O.5 to M.O.8 under the Seizure Mahazar Ex.P.4 to Ex.P.7 in the presence of witnesses Arokiyam/P.W.4 and Veerasamy/P.W.5. Then, he recorded the statement of P.W.1/Nagaraj, P.W.2/Murugesan, P.W.3/Marudachalam, P.W.4/Arokiyam and P.W.5/Veerasamy. Thereafter, he got transferred from Sirumugai Police Station.
(v) P.W.9/Vincent Paulraj, Inspector of Police, who was in additional in-charge of Sirumugai Police Station, on receiving the case files from P.W.8 took up the case for further investigation. He examined the witnesses P.W.6/Janarthanan, Sekar and Santhanasamy and concluded the investigation and filed the charge sheet against the accused under Sections 395 and 397 IPC.
3. The Trial Court placed the incriminating evidence before the accused under Section 313 of Cr.P.C. and the accused denied the same in toto. On the side of the defence, no oral evidence was examined and Ex.D.1 was marked. After considering the oral and documentary evidence, the trial Court convicted
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