LAWS(MAD)-2014-12-155

SALEEM Vs. STATE

Decided On December 11, 2014
SALEEM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE first accused in S.C. No.366 of 1998 on the file of the VI Additional Sessions Judge, Chennai is the appellant. He along with five other accused were charge sheeted for the offence under section 392 r/w 397 r/w 34 of the IPC. The learned VI Additional Sessions Judge found them guilty for the aforesaid offence and the appellant was convicted for the offence under Section 392 r/w 397 r/w 34 of the IPC and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/ -, in default, to undergo rigorous imprisonment for 3 months. Aggrieved by the same, the present Appeal is filed.

(2.) THE case of the prosecution is that on 13.11.1997 at about 12.00 mid night, when PW.1 was driving his Auto TSJ 6069 in Erukanjeri High Way, two persons stopped his Auto by showing knife and asked him to get out of the vehicle and run way and when he stopped the Auto, 3 other persons joined them and all of them fled in his Auto and therefore, he gave a complaint before the respondent police and also informed his owner about the incident and on the next day at about 10.00 a.m., he was informed by the police that the Auto was secured and he was asked to come to the police station to identify his auto and he went to the police station and also identified the Auto and the accused who forcibly drove the Auto on the previous day and therefore, the said accused and the other accused have committed the aforesaid offence.

(3.) THE learned trial Judge, on the basis of the evidence of the prosecution found the accused/appellant guilty of the offence under Section 392 r/w 397 r/w 34 of the IPC and therefore, convicted and sentenced him for the said offence as stated above. Aggrieved by the same, this Appeal is filed.