IYYAPPAN ALIAS BALAJI Vs. STATE

JUDGEMENT

(1.) The petitioner/Al was convicted by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Vellore/trial Court in S.C.No.16 of 2011, dated 17.02.2012, for offence under Section 394 IPC and sentenced to undergo seven years Rigorous Imprisonment. Similarly, A2 and A3 were convicted for offence under Section 394 r/w 34 IPC and sentenced to undergo seven years Rigorous Imprisonment. As against the judgment of conviction and sentence, the petitioner/A1 and A3 preferred an appeal before the learned Principal District and Sessions Judge, Vellore/lower appellate Court. The learned Principal District and Sessions Judge, by judgment, dated 18.07.2013 in C.A.No.45 of 2012 confirmed the judgment of the trial Court in S.C.No.16 of 2011, dated 17.02.2012, against which the petitioner/A1 is before this Court, by way of this Criminal Revision Case.

(2.) Since there was no representation for the petitioner, this Court appointed Ms.D.Chandralekha as Legal Aid Counsel for the petitioner.

(3.) The gist of the case is that on 14.01.2009, at about 08.30 p.m., near grave yard at Kagithapattarai, Vellore, while one Panchacharam and PW2 taking drinks, the petitioner/A1, A2 and A3 attacked them and committed theft of cellphone, wrist watch and currency notes all worth Rs.3,550/- and caused grievous injury to them. On the complaint [Ex.P1], an FIR in Crime No.24 of 2009 [Ex.P10] was registered and the injured persons were sent to medical treatment. After registration of the case, the respondent Police visited the scene of occurrence, prepared Observation Mahazar [Ex.P3], Rough Sketch [Ex.P12], arrested the accused, recorded their confession statements [Ex.P4], pursuant to the confession statement, recovered the Material Objects under Seizure Mahazars [Exs.P5 to P8]. On completion of investigation, charge sheet was filed before the learned Judicial Magistrate No.IV, Vellore and it was taken on file as P.R.C.No.14 of 2009. Thereafter, the case was committed to the Court of Assistant Sessions Judge-cum-Chief Judicial Magistrate, Vellore and it was renumbered as S.C.No.16 of 2011. During trial, 12 witnesses were examined as PW1 to PW12 and 16 documents were marked as Exs.P1 to P16 and 10 Material Objects were collected as MO1 to MO10 on the side of the prosecution. On the side of the defence, no witness was examined and no document was marked. On completion of the trial, the petitioner/A1 and A2 and A3 were convicted and sentenced as stated above.