The main legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt and the necessity to establish the conspiracy theory in criminal cases.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the judgment of acquittal of the respondent/accused passed in C.A.No.13 of 2012 [common judgment passed in C.A.Nos.12/2012 & 13 of 2012] dated 04.10.2012 by the Learned Principal Sessions Judge, Thiruppur.)

1. These two appeals are preferred by the State against the order of acquittal rendered by the Principal Sessions Judge, Tiruppur, in a common judgment passed in C.A.No.12 of 2012 & C.A.No.13 of 2012, dated 04.10.2012.

2. The facts of the prosecution is that, one Ramasamy respondent in Crl.A.No.265 of 2013 and his two sons Saravanan/respondent in Crl.A.No.261 of 2013 and Sudhakaran [A3] were running a driving school in the name of “Kavitha Driving School at door No.55/27, Railway Feeder Road, Tiruppur. They conspired to fabricate fake RC book for stolen vehicle and sell it to gullible purchaser. Pursuant to the said conspiracy, the RC book for the Maruti car bearing registration No.TN-37-N-6966 was fabricated. The registration number of the car was fraudulently changed as TN-59-D-3616 and with the fabricated RC book sold the car to one Mathivanan, on 15.02.1997, for a sum of Rs.1,17,500/- The said car with fabricated registration No.TN-59-D-3616 met with an accident on 18.02.2002 on Sangagiri Salem highways near Vaikundam, in which one person died and others sustain injury. When P.W.1 [Fiaz Ahamed], who purchased the said car from one Anil kumar, after accident, when tried to sell the damaged car to third parties, he came to know that, the RC book is a fabricated document, which does not belongs to the car, hence Mr. Anil Kumar gave a complaint to the race course Police Station, Coimbatore. Considering the gravity of the nature, case was transferred to CB CID, Coimbatore for investigation. Further, the Maruti car bearing registration No.TN- 37-L-6766 was purchased by one Kajapathi [P.W.2] in the year 1996 from one Mr.Prasanna for Rs.1,85,000/-. On 08.01.1996, when the car was parked near Suguna Kalyana Mandapam, Coimbatore, it was stolen, hence he gave a complaint to the Peelamedu Police Station, Coimbatore and case was registered in Crime No.1148 of 1996 for offence under Section 379 of I.P.C. From the Insurance Company, he got back the value of the car, after getting Non-traceable Certificate from the police. The RC book of the car was handed over to the Insurance Company at the time of receiving the insurance amount. This fact is corroborated by P.W.4, Anandhan, Zonal Manager of New India Insurance, Coimbatore. The car which came into possession of the accused persons with fabricated RC book bearing Reg.No.TN-59-D-3616 showing one Mr.Pandiyan, as the owner of the car and was sold by the accused to Mathivanan [P.W.6] and Marimuthu [P.W.7] jointly, for a sum of Rs.1,17,000/- through an auto broker Selvaraj [P.W.16]. The stolen car with fabricated RC book bearing Reg.No.TN-59-D-3616, was sold to one Annadurai  [P.W.11] and he, in turn, sold it to Anil Kumar and Anil Kumar again sold it to P.W.1 [Fiaz Ahamed], who met with an accident on 18.02.2002, while driving the said car. Thus, through the investigation, trail of the stolen car with fabricated RC book pursuant to the conspiracy between the father and two sons, who were arrayed as accused A1, A2 and A3 came to light and final report was filed against these accused persons for offences under Sections 465, 466, 468, 471, 473, 474, 420 r/w Section 120B of I.P.C.

3. To prove the charges, the prosecution has examined 49 witnesses and marked equal number of exhibits.

4. The trial Court held that the prosecution has proved the conspiracy hatched among the accused persons to fabricate fake RC book for the stolen car and sold it to Mathivanan. Thus, committed offences under Sections 465, 466, 468, 471, 473, 474, 420 r/w Section 120B of I.P.C. The following sentence imposed on them by the trial Court for the respective offences. Section 465 of I.P.C To undergo one year R.I and to pay fine of Rs.500/-