KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 2, 4 and 5 in S.C. No. 316 of 2007 on the file of the Additional Sessions Judge (Adhoc), Fast Track Court No.I, Thrissur and they are challenging the conviction and sentence imposed on them for the offence under Sec. 395 IPC.

(2.) The prosecution case is that the accused persons, 8 in number, hatched a criminal conspiracy to commit robbery of the gold ornaments of PW11 and as per the instruction of the 4th accused, the 2nd accused informed the 1st accused that a box containing gold ornaments of PW11 is being transported in an auto rickshaw driven by PW9 and that CW1 along with PWs 10 and 17 are travelling in the said autorickshaw to Thrissur Railway Station on the night of 19/5/2003 and on getting the said information, the accused persons chased the said autorickshaw in car bearing registration No. KL-8V 8075 and after blocking the autorickshaw with the car at a place near Kanimangalam at about 8.15 p.m., the accused persons robbed the box containing the gold ornaments after pulling out CW1 from the autorickshaw and pushing him down. The accused are thereby alleged to have committed the offences punishable under Ss. 120B and 395 of IPC.

(3.) Since accused Nos. 1, 6 and 7 were absconding, the trial court framed charge under Ss. 120B and 395 of IPC against accused Nos. 2 to 5 and 8 and when they pleaded not guilty to the charge, PWs 1 to 18 were examined and Exhibits P1 to P24(b) and MOs 1 to 19 were marked from the side of the prosecution. During the course of trial, the third accused also absconded.