SREENESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374 (2) Cr.P.C., the appellants, who are accused 1 to 4 in S.C.No.349/2004 on the file of the Court of Session, Ernakulam, challenge the conviction entered and sentence passed against them for the offences punishable under Sec. 397 read with Sec. 395 and Sec. 412 IPC.

(2.) The prosecution case is that on 18/11/2003 at about 02:30 a.m. the accused persons eight in number waylaid the mini lorry bearing registration no.KL-Z/E-8442 driven by PW1 at Edappally in the National Highway bypass road and forcibly took away Rs.51,000.00. PW1 was proceeding to Manjeri for purchasing plantains. The accused persons who arrived in a car were armed with weapons like sword sticks. They caused damage to the lorry, entered into the cabin of the lorry from either side and pulled down PW1 as well as PW2, the cleaner of the lorry and by threatening PW1 stole Rs.50,000.00 kept in the dashboard of the lorry and also Rs.1,000.00 from the pocket of PW1. Hence, the accused persons, as per the charge sheet, were alleged to have committed the offence punishable under Sec. 397 IPC.

(3.) Crime no.418/2003, Kalamassery police station, that is, Ext.P1(a) FIR was registered by PW13, the then Sub Inspector, Kalamassery police station, based on Ext.P1 FIS of PW1. PW13 conducted investigation for a day and thereafter investigation was taken over by PW14, Circle Inspector, Kalamassery police station, who on completion of investigation submitted the final report before the court alleging the commission of the offence punishable under the aforementioned Sec. .