KUMAR @ KUMARESAN; KRISHNAN @ MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) The criminal appeal arises out of the judgment of conviction and sentence, dated 30.06.2008, made in S.C.No.165 of 2006, on the file of the Additional Sessions Court (Fast Track Court No.1), Erode., whereby the accused 1 to 4 were convicted for the offence under Section 395 IPC and sentenced them to undergo 10 years rigorous imprisonment and A1 and A2 were convicted for the offence under Section 394 IPC and sentenced them to undergo 5 years rigorous imprisonment each.

(2.) The respondent has filed a charge sheet against the accused stating that on 23.01.2006, at 10.30 p.m., between Erode and Chennimalai road, near Sipcot Industrial estate, when P.W.1/Krishnamurthy and P.W.2/Sakthivel were proceeding in T.V.S. Excel Super bearing Registration No.TN33AP6307, at the time, the accused 1 to 4 along with one Dhanalakshmi @ Revathi, with an intention to rob them, wantonly restraining P.W.1 and P.W.2, snatched their jewels, Nokia mobile phone and also T.V.S. Excel super, the two wheeler and assaulted them with beer bottle and thereby, committed the offence under Sections 395, 394 and 395 r/w 397 IPC.

(3.) The case of the prosecution is as follows: