THANGARAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) No representation for the appellant when the matter was called. Hence, Mr.S.Kolandaisamy, Advocate is appointed as Amicus Curiae.

(2.) The sole appellant/accused in a sessions trial, who stood charged, tried and convicted under Section 392 r/w 397 I.P.C. and sentenced to undergo R.I. For eight years along with a fine of Rs.5000/-, in default, to undergo R.I. for one year, has brought forth this appeal.

(3.) The short facts necessary for the disposal of this appeal can be stated as follows: P.W.1 Moorthy along with his friend P.W.3 Sakthi was walking in a bridge near Tip Top Hotel at about 9.15 a.m. on 28.4.2000. The accused/appellant suddenly waylaid them. At knife point, the accused snatched M.O.1 HMT Watch and M.O.2 cash Rs.230/- from P.W.1. When the same was resisted, the appellant attacked him with M.O.3 knife and caused injuries to P.w.1 on right hand wrist. The appellant fled away from the scene of occurrence. Immediately, P.Ws.1 and 3 rushed to Thirupur North Police Station and lodged a complaint under Ex.P.1. On the strength of Ex.P.1, P.w.6, Sub Inspector of Police registered a case in Crime No.522 of 2000 under Section 392 I.P.C. The Express F.I.R. Ex.P.7 was sent to concerned Court. P.W.6 recovered M.O.4 shirt of P.W.1 under Ex.P.3 mahazar. P.W.7, Inspector of Police took up investigation, proceeded to the site of occurrence and prepared Ex.P.4 observation mahazar and Ex.P.8 Rough sketch. On information, the Investigating Officer proceeded to Sikkanna Arts College, where the accused was arrested on the same day and he was identified by P.w.1. The accused was volunteered to give a confessional statement. Pursuant to his confessional statement, M.O.1 Watch, M.O.2 cash Rs.230/- and M.O.3 knife, which was used by the accused at the time of occurrence were recovered from the accused under Ex.P.6 mahazar in the presence of P.W.5, P.W.1 and one Abbas. The M.Os were sent to the concerned Court, while the accused was remanded to judicial custody. On 30.6.2000 P.W.7 examined P.W.2 Doctor Selvanayagi, who gave treatment to P.W.1 and obtained wound certificate Ex.P.2. On completion of the investigation, P.w.7 filed a charge sheet against the accused under Section 392 r/w 397 I.P.C.