CHINNARASU @ CHINRAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused, assailing the conviction and sentence in S.C.No.166 of 2022 on the file of the Principal District and Sessions Judge, Pudukkottai. The appellant was convicted for the offence under Sec. 394 I.P.C and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for two years. The appellant was also convicted under Sec. 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for two years.

(2.) We have heard Mr.A.Arunprasad, learned counsel for the appellant and Mr.T.Lenin Kumar, learned counsel for State of Tamil Naud (Crl.Side) fot he respondent.

(3.) The complainant, one Rekha was travelling on her Yamaha Ray two wheeler bearing Registration No.TN-55-BU-9186 on 27/6/2022, at about 03.45 pm, when she was at the Keeranur-Illuppur Road, Thulukkampatti Junction, the accused came in the opposite direction in an Apache bike (red colour) bearing registration No.TN-55-AV-8725, snatched the 8 1/2 sovereigns thali chain wore by the complainant, causing injuries to the complainant's neck at two places. The complainant started shouting and also started chasing the accused. After travelling a certain distance, by which time the passers-by had also been alerted about the chain-snatching incident, some members of the public intercepted the accused near the Nangupatti Water Tank. However, the accused without even minding the fact that the persons were standing infront of him in an attempt to escape, drove the bike in a rash and negligent manner and dashed against the deceased Anandamuthukumar and also causing grievous injuries and fracture. The deceased was initially rushed to Keeranur Government Hospital, where he was advised to be taken to Neuro One Hospital, Trichy. However, on the way to Trichy, Anandamuthukumar succumbed to the injuries and died. Based on the complaint given by the complainant, viz., Rekha, an F.I.R came to be registered in Crime No.146 of 2022 (Ex.P1) for the offences under Ss. 394 and 302 I.P.C. After completing investigation, a charge sheet was filed against the accused by the Inspector of Police, Annavasal Police Station, Pudukkottai, for the offence under Ss. 394 and 302 I.P.C. The accused was produced before the committal Court, District Munsif cum Judicial Magistrate, Illuppur, in P.R.C.No.10 of 2022 and since the offences involved are to be tried exclusively by the Sessions Court, the District Munsif cum Judicial Magistrate, after committal, sent the case to the Principal District and Sessions Judge, Pudukkottai, under Sec. 209 Cr.P.C. The appellant / accused pleaded "not guilty" of both the charges. The parties went to trial.