MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) Two youngsters armed with lethal weapons-revolver and knife made entry into the residence of a medical practitioner and demanded money at gun point, but before they could get the booty they had to flee out as the neighbours rushed in. This is the gravamen of the prosecution story. Two more persons were also arraigned as accused along with them, as the investigation revealed their involvement along with other two.

(2.) The principal assailant who had the revolver was not alive during trial as he committed suicide before the commencement of trial. (He will be referred to as the first accused for convenience). So, the case proceeded against the remaining accused. The Assistant Sessions Judge convicted the appellant for the offences under section 393 of the Indian Penal Code and section 25(1-B) of the Arms Act and sentenced him to imprisonment and fine. The term of imprisonment awarded for the first count was seven years being the minimum prescribed by section 398 of the I.P.C.

(3.) The synopsis: P.W. 1 is a doctor attached to Government service. His residence has a provision for consultation room. On 8.11.1986, around mid night, the first accused and the appellant visited the doctor's house pretending that the appellant was suffering from some abdominal disorders. The doctor examined him and wanted to give him an injection and he prepared the syringe for that purpose. But abruptly the visitors turned into robbers. As the first accused raised a revolver and the appellant raised a knife, the doctor became dump founded. The first accused then led the doctor to the attached toilet. With one part of a bath towel the hands of the doctor were tressed up from behind, and with the other part his mouth was muffled. He was then taken to the bed room. On seeing the doctor in this frightening appearance, his wife became stunned and transfixed and she grimaced at the intruders. The first accused asked them to surrender all the cash with them. She then offered to give her gold bangles, but the first accused declined to accept them. He insisted on getting currency notes. In the meanwhile, the appellant had decoyed two domestic servants of the house to the kitchen room and locked them up. However, those servants found their way out through the rear door and cried alarm to the hearing of the neighbours. As the neighbours were rushing in, both the intruders flinched and escaped. The matter was reported to the local police station on the next day. Within a week all the accused were arrested and the revolver, the knife and some cartridges were recovered by the police.