PRATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.Appeal No.2243 of 2009 is the 1st accused and the appellants in Crl. Appeal No.2207 of 2009 are the 2nd and 3rd accused in S.C.No.742 of 2008 of the Additional Sessions Court (Adhoc -I), Thissur. The 1st accused and the 2nd accused in the case stand convicted under Section 392 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for four years each and to pay a fine of 10,000/ - each, in default to undergo simple imprisonment for six months each. The 3rd accused in the case is convicted under Sections 411, 413 and 414 IPC read with Section 34 IPC and is sentenced to undergo rigorous imprisonment for four years and to pay a fine of 10,000/ -, in default to undergo simple imprisonment for six months. He is further convicted under Sections 411 and 414 IPC and is sentenced to undergo rigorous imprisonment for three years each. The sentences imposed on the 3rd accused was ordered to run concurrently.

(2.) PW1, an old lady of 64, after getting down from the bus, was walking towards her house. While so, the 1st accused and the 2nd accused came by a motorbike. The 2nd accused was the rider and the 1st accused was the pillion rider. They went forward after passing her and thereafter, they came back by the motorbike. The 2nd accused stopped the motorbike near her, and then the 1st accused inflicted a heavy blow behind the neck of PW1. She became perplexed. In the meantime, the 1st accused swiftly snatched away the gold chain weighing two sovereigns from the neck of PW1, and they sped away. She screamed and cried aloud, which invited the attention of two -three persons from the neighbourhood.

(3.) After around two months, these accused were apprehended by the Police in connected with some other cases of similar nature. Their photographs appeared in newspaper. One of her relatives took the newspaper and showed her the photographs. She could readily identify the 1st accused and the 2nd accused. Then she went over to the Police Station and told the Police about the incident. Consequently, the case has been registered as Crime No.610 of 2007 of the Mannuthi Police Station. She identified the 1st accused and the 2nd accused at the Police Station also.