ANAND @ ANAND KUMAR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of conviction and sentence, dated 18.05.2005, made in S.C.No.382 of 2004, on the file of the Additional District and Sessions Court, Fast Track Court No.III, Coimbatore, whereby the accused/appellant was convicted for the offence under Section 392 r/w 397 IPC and sentenced to undergo seven years rigorous imprisonment and imposed a fine of Rs.1,000/-, in default in payment, to undergo four months simple imprisonment.

(2.) THE respondent has filed a charge sheet against the accused stating that on 24.02.2004, at about 17.00 hours, at Gandhi Park bus stand in Coimbatore city, the accused approached witness Sharmila by riding a motor cycle bearing Registration No.TN 38L 3773 in a slow motion and all of a sudden, he snatched away three sovereigns of gold chain worth about Rs.14,000/- from her neck and on seeing this, the public who approached to catch the accused, at that time, he threatened them on knife point and also throwing a soda bottle on the road and thus escaped, thereby committed an offence punishable under Section 392 r/w 397 IPC.

(3.) THE learned trial Judge placed the incriminating evidence against the accused under Section 313(1)(b) of Cr.P.C. and the accused denied the same and stated that he had not committed such offence. On his side, the accused examined D.W.1 and marked the documents Exs.D1 and D2 stating that P.W.8 was cited as P.W.5 in C.C.No.209 of 2004. After considering the oral and documentary evidence, the trial Court convicted the accused for the offence under Sections 392 r/w 397 IPC and sentenced him as stated above.