SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.119 of 2010 on the files of the Sessions Court, Thodupuzha. The final report was filed alleging offences punishable are under Ss. 307 and 393 of the Indian Penal Code, 1860 (IPC). After trial, the II Additional Sessions Judge, Thodupuzha convicted the appellant for the offence under Sec. 393 of the IPC and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000.00. The appellant assails the said judgment of conviction and the order of sentence in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code.).

(2.) Heard the learned counsel for the appellant and the learned Public Prosecutor.

(3.) The case of the prosecution was as follows: PW1, Smt.Nirmala, was on her way back home on 2/2/2010. At about 6.45 p.m., when she reached the pathway leading to her place of residence at Ottakkada, the appellant, who was coming behind, tried to snatch away the gold chain from her neck. She resisted. The appellant gagged her and threatened to do away with. When she started crying, the appellant lifted her and walked forward. PW1 bit at his hand and then he threw her against the fence of the adjoining compound and ran away. She sustained injuries in the incident.