G.ANANDAN Vs. STATE

JUDGEMENT

(1.) THE criminal appeal arises out of judgment of conviction and sentence, dated 20.02.2004, made in S.C.No.670 of 2003, on the file of the First Additional Sessions Court, City Civil Court, Chennai, whereby the accused A3 was convicted for the offence under Section 397 read with 392 IPC and sentenced him to undergo 7 years rigorous imprisonment and imposed a fine of Rs.3,000/- in default in payment to undergo three months rigorous imprisonment. A4 and A5 were convicted for the offences under Sections 392 IPC and sentenced them to undergo five years rigorous imprisonment each and imposed a fine of Rs.3,000/- each in default in payment to undergo three months rigorous imprisonment each.

(2.) THE respondent has filed a final report stating that on 11.09.2002, at about 5.30 p.m., near Basin bridge, the appellants, who came in auto bearing Registration No.TN05/2707, have intercepted the auto bearing Registration No.TN05/A8548 carrying P.W.1 Kuzhandairaj and P.W.2 Dhamodaran, employees of ACT India Ltd., Madhavaram, who carried Rs.50,000/- in a bag, A4 thrown chilly powder on their eyes, A3 threatened them with a knife and snatched the cash bag, and thus, thereby committed offences under sections 395, 397 r/w 34 IPC.

(3.) THE learned X Metropolitan Magistrate, Egmore, Chennai took cognizable of the aforesaid offences and committed the case to the learned Principal Sessions Judge and that has been made over to the trial Court. On considering the records, he framed necessary charges against A1 to A6. The accused pleaded not guilty. On the side of the prosecution, P.W.1 to P.W.8 were examined and Exs.P1 to P16 and M.Os.1 to M.O.10 were marked.