PETER @ SUBRAMANIYAM Vs. STATE BY INSPECTOR OF POLICE

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:

(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.