M CHOKALINGAM PETER ALIAS SUBRAMANIYAM Vs. STATE

JUDGEMENT

(1.) The sole accused in a case of robbery, who stood charged, tried under Sections 392 read with 397 and 506(2) of the Indian Penal Code and found guilty under Sections 392 and 397 and sentenced to undergo 7 years rigorous imprisonment under Section 397 of the Indian Penal Code and four years rigorous imprisonment and a fine of Rs.1,000/- in default three months rigorous imprisonment under Section 392 and acquitted of the charge under Section 506(2) of the Indian Penal Code, has brought forth this appeal.

(2.) The short facts which are necessary for the disposal of this appeal are as follows: PW.1, one Murugavel was working as a driver having his residence at Puliankulam. On 27.10.2000 at about 9.30 a.m. he went to KMCH hospital, Avinashi Road, Coimbatore and when he went to attend his nature's call near a tea shop situated opposite to the hospital, the accused/appellant came there, threatened him at knife point and snatched away his purse containing cash of Rs.220/- from his pocket. When PW.1 raised alarm, some persons tried to secure him but by showing knife, he ran away from the site of occurrence. Immediately, PW.1 along with PW.2 went to the Peelamedu Police station at about 11.00 a.m. and lodged Ex.P.1 complaint. On the strength of Ex.P.1, the Inspector of Police, PW.6 registered a case in Crime No.450 of 2000 under Section 392 of the Indian Penal Code. The printed FIR Ex.P.5 was despatched to the Judicial Magistrate's Court concerned immediately. The Inspector of Police took up the investigation. He proceeded to the site of occurrence, made an inspection and prepared Ex.P2 Observation Mahazar in front of PW.3 and other witnesses and Ex.P.6 is the rough sketch. He examined PWs.1 to 4 and other witnesses and recorded their statements. On the same day, by about 4.00 p.m. based on a secret information, the Investigation Officer searched the accused and arrested him near Ramakrishna Marriage Hall, Avinasi Road, Coimbatore. At the time of arrest, the accused/appellant made a confessional statement voluntarily in front of PW.5 and another witness by name Palanisamy. The same was recorded by the Investigation Officer. Pursuant to the confessional statement, MO.1 money purse containing cash of Rs.220/-, and MO.2 his knife were recovered under Ex.P.4 Mahazar in front of PW.5 and another witness. Thereafter, PW.6 examined PW.5 and other witnesses. The accused was sent for judicial custody. On completion of the investigation, the charge sheet was filed against the accused on 7.3.2000 under Sections 392 read with 397 and 506(2) of the Indian Penal Code.

(3.) In order to prove the charges levelled against the accused/appellant, the prosecution examined six witnesses and marked seven documents and two MOs. On completion of the evidence of the prosecution, the accused/appellant was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. No defence witness was examined. Neither exhibits nor material objects were marked. The trial Court on consideration of the available materials and the rival submissions made, found the appellant guilty under Sections 392 and 397 of the Indian Penal Code and sentenced him to undergo the imprisonment as referred to above though the lower Court acquitted him of the charges under Section 506 (2) of the Indian Penal Code.