VETRIVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS revision has been preferred by A4 in S. C. No. 172 of 2003 on the file of the Principal Assistant Sessions Judge, Erode who had faced the charge under Section 394 r/w 397 of IPC along with the co- accused A1 to A3 and convicted and sentenced by the learned trial Judge to undergo seven years Rigorous imprisonment and a fine of Rs. 500/- with default sentence along with the co-accused.

(2.) THE short facts of the prosecution case relevant for the purpose of deciding this revision are that when P. W. 1 a lorry driver of the lorry bearing Registration No. KA-01-C-9297 , while returning from Goa after unloading the goods on 5. 5. 2003, took the load of Hamam Soap from Goa to Coimbatore and when he was passing through Bhavani on 8. 5. 2003 at about 10. 30p. m and on 9. 5. 2003 at about 4. 30a. m. , he had stopped the lorry on the left side of the road to attend to the call of nature, near Amudham Bread Company at Perundurai outskirts , two persons A3 and A4 caught hold of him and A2 attempted to stab P. W. 1 when he warded of the same had sustained injuries on his right palm , A1 stabbed with knife on his left leg, right elbow and right side of the back and all the four accused caught hold of him and dragged him towards the lorry and A1 caught hold of P. W. 2, the cleaner who was inside the lorry and A2 got into the lorry break opened the box kept above the driver's seat in the cabin and robbed Rs. 20,000/- and all the accused ran away from the place of occurrence.

(3.) THE learned Committal Magistrate/judicial Magistrate, Perundurai, after taking the case on file, had furnished copies under Section 207 of Cr. P. C. on the appearance of the accused on summons and committed the case to the Court of Sessions under Section 209 of Cr. P. C. since the case is exclusively triable by the Court of Sessions. . On appearance before him the learned Sessions Judge had framed, the charges under Sections 394 r/w 397 of IPC, against the accused and when questioned, the accused pleaded not guilty.