GOPALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS revision is against the conviction and sentence of the learned Sessions Judge, Kanyakumari at Nagercoil in C.A.No. 22 of 1989 confirming the conviction and sentence imposed by the learned Assistant Sessions Judge, Nagercoil in S.C.No. 11 of 1980 to undergo rigorous imprisonment for 7 years for the offence under Secs.450, 394 and 392 read with Sec. 397, Indian Penal Code.

(2.) THE prosecution alleged that this revision petitioner on 10.2.1987 at about 2.15 p.m., entered into the house of P.W. 5 and snatched the chain of his wife P.W. 1 weighing 42 grams and when she resisted the attempt of the revision petitioner, he caused injuries with the knife on her abdomen and her left fingers. P.W. 1 has spoken about the incident and P.Ws.2 and 4 have spoken about the chasing of the revision petitioner after the commission of the offence. The prosecution case is that when he was arrested on 7.11.1987 in connection with some other occurrence he gave confession regarding this theft leading to the recovery of the stolen chain in the form of ingot from P.W.7 to whom the revision petitioner had sold it. Identification parade also was conducted by the Judicial Magistrate for the identification of this revision petitioner and P.W. 1 has correctly identified him. Both the courts below, accepting the guilt of the revision petitioner, has convicted him to undergo 7 years rigorous imprisonment, which is the minimum punishment for the offence under Sec.392 read with Sec.397, Indian Penal Code.

(3.) EVEN though the counsel who appeared for the revision petitioner hereinbefore the lower appellate court did not argue on the merit of the appeal, the learned Sessions Judge has given his finding with regard to the charge against the revision petitioner holding that this revision petitioner had snatched the chain from P.W. 1 at the knife point causing injuries on her. Anyhow, the learned counsel appearing for the revision petitioner herein was permitted to argue this revision on merit also.