JOTHI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS revision challenges the judgment of learned Additional District and Sessions Judge/Fast Track Court II, Salem, passed in C.A.No. 186 of 2007 on 29.05.2008 modifying the judgment of learned Assistant Sessions Judge, Mettur, passed in S.C.No. 89 of 2005 on 28.11.2007.

(2.) THE prosecution case was that on 30.01.2004, at about 07.30 p.m., all the accused illegally entered into the jewellery shop of the complainant, threatened him at knife point and took away cash of Rs.3,150/ -, a pair of gold studs and a pair of silver anklets. Upon the complaint of PW -1, a case was registered in Crime No. 22 of 2004 on the file of the respondent police for offences u/s. 392 r/w 397 IPC. On completion of investigation, a charge sheet was filed. The case was tried in S.C.No. 89 of 2005 on the file of learned Assistant Sessions Judge, Mettur.

(3.) ON appreciation of materials before it, the trial Court while acquitting the petitioners of offence u/s. 397 IPC convicted them for offence u/s. 392 IPC and sentenced each of them to undergo 3 years R.I. and fine of Rs.500/ - i/d 3 months S.I. There against, the petitioners preferred an appeal in C.A.No. 186 of 2007 on the file of learned Additional District and Sessions Judge, Fast Track Court II, Salem. Under judgment dated 29.05.2008. The appellate Court while confirming the fine imposed on petitioners, reduced the sentence of imprisonment to one of 6 months R.I. Hence, this revision.