Professional Documents
Culture Documents
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI
PRESENT : THIRU.S.KIRUBAHARAN MATHURAM, B.A.,L.L.B.,
Chief Judicial Magistrate,
Tiruchirappalli
Friday 5th day of July 2019
Srivikari 2050 Thiruvalluvarandu Friday Aani 20th day
Sessions Case No.292/2018
Complainant : Inspector of Police,
Golden Rock Police Station,
Crime No.38/2018
Name of the accused : 1. Gowthaman (Age 24/18)
S/o.Muthukumar
( A1 died and hence order passed as
charge against A1 was abated)
2. Mugunthan (Age 22/18)
S/o.Kesavan
Offence : Committed robbery using deadly weapon
under Section 392 r/w 397 of Indian Penal
Code
Charges framed against the : Under Section 392 r/w 397 of
accused Indian Penal Code
Plea of the accused : Not guilty
/2/
Finding of the Judge : Accused found not guilty
under Section 392 r/w 397 of Indian Penal
Code
Sentence or Order : Accused is acquitted under
Section 235 (1) of CrPC
Prosecution conducted by : Thiru.S.Hemandh, M.A.,B.L.,
Additional Public Prosecutor
Counsel for the accused: : Thiru.T.A.Omprakash , Advocate
This case coming on 02.07.2019 for final hearing before me in the presence of
Thiru.S.Hemandh, Additional Public Prosecutor for the state and
Thiru.T.A.Omprakash, Advocate for the accused and upon hearing both side and
after perusing the evidences and case records this court delivered the following ...
JUDGMENT
Inspector of police Golden Rock police station, Tiruchirappalli filed final
report and alleged that on 22.01.2018 at 15.30 hrs., witness No.1 Tmt.Radhika was
traveling as pillion rider with her husband witness No.2 Thiru.Selva Kumar in TVS
XL Superintendent TN45 AC 3485 at railway colony, Main road. At the time accused
1, 2 came behind in the Suzuki motor bike TN 45 P2423. Accused No.1 has riden
the motor bike and A2 sat back and snatched chain from the neck of witness No.1.
So half of the Thalichain one sovereign and half of the chain 3 sovereign was
snatched by A2. As a result witness No.1 fell down from the two wheeler and
sustained injury. Hence, after investigation final report is filed against A1 and A2
for an offenses under section 392 r/w 392. Hence, charge sheet.
2. On the appearance of the accused before this Court, it was satisfied that
the accused had been furnished with the free copies of prosecution documents as
required under section 207 of Cr.P.C. The Additional Public Prosecutor opened the
case under section 226 of Cr.P.C. The learned counsel for the accused also appeared.
/3/
3. After sufficient time given to the accused, there upon the charges framed
for offence under section 392 r/w 397 of IPC against the accused and read over
explained to them in Tamil and when they were questioned with regard to the
substance of the charge, the accused denied the same and pleaded not guilty and
claimed to be tried. During trial A1 died and orders passed as charge against A1
was abated.
4. On the side of the prosecution, PW.1 to PW.7 were examined and Ex.P1
to Ex.P.9 were Marked and M.O.1, M.O.2 were marked.
(R.P.No.12/2019). On the side of accused no witness was examined.
6. The prosecution evidence disclosed that on 22.01.2018 at evening 4.30 pm
PW1 and PW2 who are husband and wife came in the TVS XL 50 at Ponmalai south
residential area. PW was the pillion rider. At the time accused No.1 and 2 came in
the motor bike and accused No.2 snatched chain from the neck of PW1 and hence
PW1 was fell down sustained injuries. When PW1 was taken treatment at Mathuram
hospital, Trichy, PW6 receive complaint from PW1. The complaint was marked as
Ex.P1, PW6 registered case in Cr.No.38/2018 under section 392 IPC FIR is marked
as Ex.P7. Thereafter, PW7 tookup the case for further investigation and proceeded
to the place of occurrence on 02.04.2018 at 18.00 hrs., wherein PW7 prepared
observation magazar and rough sketch which are marked as Ex.P2 and Ex.P8.
Furhter on the same day at G.Corner Ponamalai PW7 arrested the accused. Accused
No.1 has given voluntary confession. Hence, PW7 recovered M.O.1 and M.O.2 knife
and jewels from Accused No.1 and prepared recovery magazar which is marked as
Ex.P4. Further PW7 examined PW5 and received would certificate for PW1 which is
/4/
marked Ex.P6. The material object recovered through Form 95 which is marked as
Ex.P9. After completion of investigation PW7 filed final report against accused 1 &
2 for an offenses under section 392 r/w 397 IPC. Thus, prosecution evidence closed.
7. The accused was questioned under section 313(1)(b) of Cr.P.C. with
regard to the incriminating circumstances found against him in the evidence of the
prosecutions witnesses and he denied the same and stated as no defence. No
witnesses are examined and no exhibits are marked on the side of accused.
8. The points for determination is :
Whether the prosecution has proved the charge beyond all reasonable doubt
and if so whether the accused is liable to be convicted for the offence charged?
9. Point:
According to the prosecution accused No.1 and 2 on 22.01.2018 at evening
4.30 P.M snatched gold chain from PW1. Hence, this case arose. The learned
Additional Public prosecutor argued that the evidence PW1 and PW2 is clear and
believable. Further the arrest of accused and recovery of M.O.1 and M.O.2 is proved
through PW4. The injury of PW1 is also proved through the evidence of PW5 with
Ex.P6. Therefore, the prosecution proved charge as against the accused.
11. This Court considered the argument of both sides. In each and every
criminal case complaint is the base document which only set the law into motion.
The alleged occurrence took place in the day night. So it is possible for the spouse
PW1 and PW2 to see the accused. Likewise both of them know specific
identification of accused as well as snatched chain. The learned advocate for the
accused rightly enlightened the above said fact. But such identification of accused
and model chain are not stated in Ex.P.1.
12. Further, according to the evidence PW1 and PW2 identified the
accused 1 & 2 in police station after their arrest. But PW7 failed to record further
statement from PW1 and PW2 with regarding to identification of accused in the
police station. Further, even during the evidence PW1 and PW2 identified the
accused as like the person who committed the offense. Both PW1 and PW2 have not
firmly identified the accused in the court at the time of evidence. The evidence of
PW1 and PW2 is not trustworthy to accept the prosecution case. There are
suspecious circumstances .
13. According to prosecution A1 and A2 were arrested on 02.04.2018 at
G.Carner in the presence of PW3 and PW4 who are very close to PW1 family. PW7
has not attempted to examine any nearby witnesses at the place of arrest. Under
these circumstances there were suspecious circumstances in this case. Ex.P1
compliant is laking with regard to minimum identification of accused as well as
snatched chains. Therefore, this court finds that the prosecution has not proved the
charge beyound reasonable doubt.
In the result,
This court finds not guilty of the accused u/s.392 r/w 397 IPC and hence
accused is acquitted under section 235(1) of Criminal Procedure Code.
/6/
List of Prosecution side Exhibits :
M.Os marked on the side of prosecution:(R.P.12/2019)
M.O.1 One sovereign gold chain
M.O.2 Three sovereign gold chain
List of witnesses and documents on the side of defence : N
IL
Chief Judicial Magistrate,
Tiruchirappalli