RAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 4 to 6 and they are challenging the conviction and sentence imposed on them for the offences under Ss. 452, 382, and 395 r/w 34 IPC as per common judgment dtd. 8/5/2007 in S.C. Nos. 181 of 2004 and 664 of 2005 on the file of the Additional District and Sessions Judge, (Fast Track Court-I), Thiruvananthapuram.

(2.) As per the prosecution case, on 15/11/2001, at about 9 p.m., accused Nos. 1 to 6, in furtherance of their common intention to commit robbery, trespassed into the house of the de facto complainant, armed with dangerous weapons and the second accused threatened to cause the death of PWs 1 and 2 by pointing a dagger and the third accused threatened PWs 1 and 2 by pointing a sword and the accused persons committed theft of gold ornaments, wrist watches, camera, mobile phone, torch, cordless phone, stereos, VCP and currency notes. It is alleged that the second accused robbed the thali chain of PW2 weighing 4 1/2 sovereigns and also ear rings weighing half sovereign. The accused persons also committed theft of currency notes worth Rs.50,000.00 kept in the drawer of the almirah and they are alleged to have committed theft of articles and currency notes together worth Rs.1,24,800.00 and thereafter, entrusted the gold ornaments to accused Nos. 7 and 8 and thereby, committed the offences as aforesaid.

(3.) When the case as against accused Nos. 4, 5 and 6 were committed to the Sessions Court, the same was taken on file as S.C. No. 181 of 2004 and when the case as against the first accused was committed to the Sessions Court, the same was taken on file as S.C. No. 664 of 2005. The trial court clubbed both the cases and charge was framed against accused Nos. 1 and 4 to 6 and they pleaded not guilty to the charge. Subsequently, the first accused absconded and the trial court decided to proceed with the trial of accused Nos.4 to 6.