VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in SC No.218/2007 of the Sessions Court, Kottayam Division, aggrieved by the conviction and sentence for offences punishable under sections 450, 394,120(B) read with section 34 IPC, has preferred this appeal.

(2.) The prosecution allegation is that PW1 was conducting a money lending business in the second floor of a shopping complex . On 25/9/2003 at about 4.45 pm, the appellant along with two other accused, in furtherance of their criminal conspiracy, trespassed into the above shopping complex, wrongfully retrained and physically assaulted PW1 and attempted to commit robbery. The first accused was apprehended at the spot whereas the accused Nos. 2 and 3 ran away from the spot. The second accused was arrested latter. FIS was laid by PW1 on the same day. Crime No.266/2003 of Kuravilangadu police station was registered. After investigation, final report was laid for offences punishable under Sections 450, 394 and 120(B) read with section 34 IPC. The first accused had died in the meanwhile. The third accused had absconded. The appellant herein alone faced the prosecution. He pleaded not guilty and demanded trial. On the side of the prosecution, PW1 to PW10 were examined and Exts.P1 to P8 were marked. MOS 1 to 4 were identified. Ext.D1,a portion of CD statement of PW9, was marked on the side of the defence. There was no separate defence evidence. The court below on the basis of the available materials found the accused guilty for offence punishable under sections 450 and 394 IPC and convicted him. The appellant was sentenced to undergo RI for three years for offence punishable under section 450 IPC and to pay a fine of Rs.2500/- and in default to undergo SI for three months for offences punishable under section 394 IPC. He was sentenced to undergo three years RI and to pay a fine of Rs.2,500/- and in default, to undergo SI for three months. This is under challenge in the present appeal.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor. Examined the records.