VADIRAJA, Vs. STATE

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 392 IPC., on a trial held by the learned Sessions Judge, Udupi.

(2.) THE facts reveal that on 13.12.2009 Nikethana -P.W.1 and her daughter Shalika -P.W.5 had been to Mulki village to attend a family function. On that day at 6.15 p.m., they alighted from the bus at Udupi and were proceeding to their residence at Brahmagiri and at about 6.40 p.m., when they were proceeding on the road, near the Lions Bhavan, two boys were sitting on a motorcycle and one amongst them alighted from the said motorcycle and approached P.W.1 -victim and with his two hands suddenly pulled the "Mangalya chain" surrounding the neck. She suddenly covered the ornament, which was on the neck portion, inside the saree, tried to resist and cried for help. Meanwhile, the said accused held the "Mangalya chain", as a result, a portion of the said chain remained in her hand and the accused snatched the other portion of the ornament went along with the other accused on the motorcycle, giving description of the accused and also the jewelry that was snatched, she submitted a complaint -Ex.P1 to Udupi Police and it came to be registered in crime No.428/09 for the offence punishable under Section 392 IPC.

(3.) I have heard learned counsel for the appellant and also learned High Court Government Pleader.