ALWYIN Vs. STATE

JUDGEMENT

(1.) The appellant/accused was convicted for offences under Sections 454 (ii) and 397 of the IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo six months rigorous imprisonment for offence under section 454(ii) IPC and seven years rigorous imprisonment for offence under section 397 IPC and both the sentences shall run concurrently, by the learned Additional District Sessions Judge, Fast Track Court No.I, Chengalpattu in SC No.504 of 2006 dated 31.08.2007. Aggrieved over the judgment of conviction and sentence, this appeal is filed by the accused.

(2.) The case of the prosecution is that on 13.5.2002, at about 10.00 a.m., the appellant and another accused by name Murugan, with a common intention to commit robbery went into the house of PW.1 to PW.3 by committing trespass and both of them were armed with knife and threatened PW.2 and PW.3 with knife and got MOs.3 to 9 from them and thereafter, they left the place and therefore, the appellant has committed the offence punishable under section 454, 392 r/w 397 and 34 IPC. The prosecution examined 9 witnesses and marked Exs.P.1 to 14 and also marked MOs.1 to 9 to prove the prosecution case. PW.1 is the informant, PW.2 is his sister and PW.3 is his mother and PW.4 is the Observation Mahazar witness, PW.5 is the landlord of the house where PW.1 to 3 were residing as tenants. PWs.6 & 7 were the witnesses to the confession and recovery of MOs.1 to 9. PW.8 is Pawn Broker with whom, the appellant alleged to have pledged jewels after committing the offence. PW.9 is the Inspector of Police who conducted investigation. Ex.P.1 is complaint given by PW.1. Ex.P.2 is the Observation Mahazar. Exs.P.3 and P.4 are the signatures in the Mahazar wherein the signature of PW.6 was admitted. Exs.P.5 and P.6 are the signatures of PW.7 in the confession of appellant and another accused Murugan. Exs.P.7 and P.8 are the signatures of PW.7 in the Mahazar. Ex.P.9 is the printed F.I.R. Ex.P.10 is the Plan. Exs.P.11 and P.12 are the admitted portions of the confession of the accused. Ex.P.13 is the Mahazar for recovery of MOs.1 and 2 knives. Ex.P.14 is the Mahazar in respect of recovery of MOs.3 to 9. MOs.1 and 2 are the knives. MOs.3 to 9 are the gold articles which were taken from PW.2 and PW.3 by the accused.

(3.) The learned trial Judge convicted the appellant for offence under section 454 and 397 of the IPC and sentenced to undergo imprisonment as stated above.