ANNADURAI @ USAIVAYAN Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellant/A3 challenging the judgment dated 11.08.2006 in S.C.No.185 of 2005 on the file of the Additional District and Sessions Court, Fast Track Court, Namakkal, whereby the appellant/A3 was convicted and sentenced as follows:

(2.) It is the case of the prosecution that P.W.1, along with his wife and children, while sleeping in their house and while P.W.1's brother Jayaraj (P.W.4), his mother and father were sleeping in the verandah on 02/03.03.2003 at about 2.30 a.m., A1 to A3 trespassed into the house of P.W.1. A1 snatched the golden chain weighing 5-3/4 sovereigns from P.W.2, the wife of P.W.1. P.W.1 made an attempt to catch hold of A1. A1 hit P.W.1 with iron rod. A2 and A3 had stolen golden rings weighing 1 sovereign and 1/2 sovereign and Rs.17,000/- cash. A2 and A3 had also beaten P.W.1 by using iron rod all over the body. After hearing the alarm raised by P.W.1, his brother P.W.4 Jayaraj made an attempt to catch hold of the accused persons, but all of them ran away.

(3.) Hence, a case was registered on the basis of the complaint given by P.W.1 and after investigation, charge sheet was filed against the accused persons.