KARTHICK Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) THESE Criminal Appeals are filed against the judgement dated 11.5.2005 made in SC.No.526/2004 by the learned Additional District and Sessions Judge, FTC -IV, Chennai, thereby convicting and sentencing each of the Appellants/A1 and A3 for the offence under Section 341 of IPC to undergo Simple Imprisonment for one month and to pay a fine of Rs.500/ - each, in default to undergo one month Simple Imprisonment and for the offence under Section 397 read with 34 of IPC to undergo Rigorous Imprisonment for 7 years and ordering the sentences to run concurrently.

(2.) THE case of the Prosecution is that on 6.3.2002 at about 11.50 a.m. PW.1 Sakthivel and PW.2 Pradeep came in a Motor Cycle to the City Union Bank to deposit the sum of Rs.2,26,125/ - of PW.5 Company, the Appellant/A3 and the other accused/A1, A2, A4 and A5, came in a motor cycle and intercepted the PW.2 while going inside the Bank after alighting from the bike driven by PW.1. A1 attacked PW.2 on the head, right hand shoulder and right hand, stomach with the knife. A2 threatened the public with knife and plucked the hand bang containing Rs.2,26,125/ - from PW.2 and escaped in the motor cycle driven by A3 with the amount of Rs.2,26,125/ -. Hence, they have been charge sheeted for the offence under Sections 341 and 397 read with 34 of IPC.

(3.) MR .A.Shivkumar, the learned counsel for the Appellant/A1 raised the following contentions before this court: -