The main legal point established is the requirement for proper identification of accused persons beyond reasonable doubt in criminal cases.

JUDGMENT

(Prayer: Criminal Appeals filed u/s.374(2) of the Code of Criminal Procedure against the judgment passed by Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C.No.150 of 2014, dated 31.08.2015.)

Common Judgment:

1. As both the appeals arise out of one and the same judgment, they are considered and decided by this common judgment.

2. These criminal appeals have been filed by A1 to A3 against the judgment and order passed by the Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C.No.150 of 2014, dated 31.08.2015, convicting A2 for offence u/s.392 r/w 397 IPC and sentencing him to undergo seven years rigorous imprisonment. Insofar A1 and A3 are concerned, they were convicted for offence u/s.392 r/w 397 r/w 34 IPC and each was sentenced to undergo seven years rigorous imprisonment.

3. The case of the prosecution is as follows:

3.1. On 07.11.2013, at about 03.00 p.m., when PW-1 was sitting in her house, the accused persons came to the place in a two-wheeler and A1 and A3 were watching the movements in and around at that place and A2 is said to have thrown chilli powder in the eyes of PW-1 and thereafter, had taken away the gold chain weighing four pounds. Thereafter, the accused persons escaped in the two-wheeler.

3.2. PW-1 gave a complaint [Ex.P1] before the A.Pallipatti Police Station on 07.11.2013 at about 05.00 p.m. Based on the complaint, PW-14, who was the Sub-Inspector of Police, registered the First Information Report [Ex.P8] in Crime No.326 of 2013 for offence u/s.392 IPC. The First Information Report was registered as against two unknown persons.

3.3. PW-15, Inspector of Police, took up the investigation and he went to the scene of occurrence on 07.11.2013 at about 05.45 p.m. and prepared the observation mahazar marked as Ex.P4 and rough sketch marked as Ex.P9. He recorded the statement of the victim PW-1. He also enquired the neighbours and recorded their statements u/s.161(3) Cr.P.C. PW-15 in the course of investigation, arrested all the three accused persons on 25.11.2013 at about 09.00 a.m. The confession statements of all the three accused persons were recorded in the presence of witnesses PW-8 and PW-9 and the admissible portions in the confession statements of all the three accused persons were marked as Exs.P10 to P12. Based on the confession given by the accused persons, PW-15 came to know that the gold chain [MO-1] was handed over to one Anbazhagan [PW-10]. The said Anbazhagan with the help of PW-11 pledged the gold chain in the Primary Co-operative Societies Bank, Neepathandurai and had received a sum of Rs.50,000/-.

3.4. On coming to know of the same, PW-15 after recording the statements of PW-10 and PW-11, proceeded to the Co-operative Bank and recovered the gold chain and also recorded the statements of PW-12 and PW-13, who are the Secretary and the Assistant Secretary working in the said Bank.

3.5. PW-15, after collecting all the concerned documents pertaining to pledging of gold chain, recorded the statements of all other witnesses and ultimately, filed the final report on 31.01.2014 before the learned District Munsif cum Judicial Magistrate, Pappireddipatti. Learned Judicial Magistrate served copies on the accused persons u/s.207 Cr.P.C. and the case was remitted u/s.209 Cr.P.C. before the Principal District and Sessions Court, Dharmapuri and it was made over to the Court below.

3.6. The Court below framed charge against A2 for offence u/s.392 r/w 397 IPC and as against A1 and A3 for offence u/s.392 r/w 397 r/w 34 IPC. When the charge was put to the accused persons, they denied the same.

3.7. The prosecution examined PW-1 to PW-15 and marked Exs.P1 to P14. The incriminating evidence that was gathered during the course of trial was put to the accused persons, when they were questioned u/s.313(1)(b) Cr.P.C and they denied the same as false.

3.8. The tria