SEENU ALIAS SEENUVASAN Vs. STATE

JUDGEMENT

(1.) THE Criminal Appeal arises out of the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge (Fast Track Court No.I), Chennai, on 6.5.2003 in S.C.No.421 of 2002, convicting A.1 and the appellant/A.2 for the offence under Section 397 IPC and sentencing each of them to undergo rigorous imprisonment for seven years.

(2.) THE case of the prosecution is as follows: (a) On 10.6.2002, P.W.1 Palanisamy, a laodman was residing at Varadamuthiappan Street, Chennai. He purchased 1-1/2 sovereigns of gold chain M.O.1 from a jewellery shop at N.S.C.Bose Road and returned to his lorry shed where he was residing. When he was nearing Adhiappan Street junction at 12.30 p.m., A.1 and the appellant/A.2 wrongfully restrained P.W.1 and at knife point, they committed robbery of M.O.1. (b) Since P.W.1 raised alarm as 'thief, thief', one person from the public, P.W.2 Soundararajan and others chased the accused and caught them red-handed. (c) THEn, P.W.1 and P.W.2 went to Police Station and gave Ex.P-1 complaint to P.W.3 Inspector of Police at 1 p.m. and handed over A.1 and the appellant/A.2 to P.W.3 Inspector of Police, who received the complaint Ex.P-1 and registered a case in Cr.No.164 of 2002 for the offence under Section 397 IPC and prepared Ex.P-2 FIR. P.W.3 Inspector of Police also received M.Os.1 and 2 in Form 95. (d) P.W.3 Inspector of Police went to the place of occurrence and drew rough sketch Ex.P-3. He arrested the accused at 1.15 p.m. as soon as P.Ws.1 and 2 handed over the accused persons to him. (e) P.W.3 Inspector of Police examined the witnesses and concluded his investigation and filed the charge sheet against the accused persons for the offence under Section 397 IPC read with Section 34 IPC.

(3.) LEARNED Government Advocate (Criminal Side) appearing for the respondent-Police would submit that the evidence of P.Ws.1 and 2 categorically proved that both the accused had the motive to commit robbery and that A.1 threatened P.W.1at knife point and the appellant/A.2 has taken away M.O.1 gold chain from the pocket of P.W.1 and so, both the accused are guilty of the offence under Section 397 IPC. He prayed for dismissal of the Criminal Appeal.