JEYAKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by the accused in S.C. 55 / 85 on the file of the First Additional Assistant Sessions Judge, Tiruchirapalli Division, challenging his conviction for offences under Sections 457 and 380, I.P.C. and the sentence of imprisonment for a period of 7 years for each offence, the sentences to run concurrently.

(2.) The appellant was tried for the offences under Sections 457, 380 and 392, I.P.C. read with 397, I.P.C. on the allegation that on 17-12-1983 he committed theft of a gold chain weighing 7 sovereigns belonging to Ethiraj Ammal from her residence and on 18-12-1983 at 12.00 midnight he trespassed into her house and at the point of knife, made her part with gold jewels weighing 171/2 sovereigns.

(3.) Facts briefly are as follows :- Ethiraj Ammal (who died before commencement of the trial) was residing alone in Door No.80, Chunnambukara Street, Tiruchirapalli. P.W. 1 her son, was living in another part of Trichirapalli. On intimation on the morning of 19-12-1983, P.W. 1 went to her mother's residence and learnt from her that a gold chain weighing 7 sovereigns kept by her in the bureau was committed theft by the appellant and that on the night of 18-12-1983, the appellant and another, entered the house at 12.00 midnight and by use of force, took away from her the remaining jewels she was wearing. P.W. 1 wrote a complaint signed by his mother, which P.W. 7, the Sub-Inspector of Police, Crime Branch, Tiruchirapalli Fort Station, registered as Crime No. 2618/83 for offences under Sections 457, 380, and 394, I.P.C. On 20-12-1983, P.W. 7 arrested the appellant and found M.O. 2 gold chain concealed in his banian. The same was seized. The appellant took the police officer to his house and produced M.O. 1 a pair of diamond ear rings, M.O. 4 a pair of gold bangles and M.O. 5 a pair of gold bangles. The same day, P.W. 5 the elder brother of the appellant produced before P.W. 7, M.O. 3 a gold chain weighing about 4 sovereings. M.Os. 1 to 5 belong to the mother of P.W. 1. After completing investigation, charge sheet was laid against the appellant.