KANNAN Vs. STATE

JUDGEMENT

(1.) Criminal Appeal (MD).No.542 of 2006 has been filed by the accused No.2 and Criminal Appeal (MD).No.547 of 2006 has been filed by the accused No.1 against the judgment of conviction and sentence passed by the Additional District and Sessions Judge, Fast Track Court No.III, Madurai in S.C.No.143 of 2006, dated 27.11.2006.

(2.) The respondent herein had filed a charge sheet stating that on 15.05.2005 at about 8.30 p.m at Kulamangalam to Madurai Road near Yenthal Kanmoi, when the defacto complainant Karalan was proceeding in a bike, the appellants herein and one Moorthy (A3), with an intention to commit robbery, waylaid him and assaulted him on his head with 'aruval' and caused a grievous injury and robbed the bike, gold neck chain, gold bracelet, wrist watch and cash of Rs.4500/- and total value of the things robbed would be about Rs.55,000/- and hence, they are liable to be punished under Sections 394 and 397 of I.P.C.

(3.) Based on the said charge sheet, the learned Judicial Magistrate, No.4, Madurai had taken the case on file in P.R.C.No.80 of 2005 and committed the case to the Court of Sessions. The learned Principal Sessions Judge, Madurai has taken the case on file as S.C.No.143 of 2006 and made over the case to the Additional District and Sessions Judge, Fast Track Court No.III, Madurai. After receipt of the case records, the learned Additional District and Sessions Judge, Fast Track Court No.III, Madurai had framed the charges under Sections 341 and 392 r/w 397 I.P.C against the accused Nos.1 to 3 and read over the charges and explained to them. They denied the charges and thereafter, she tried the case and by her judgment dated 27.11.2006 found that the accused Nos.1 & 2 guilty and convicted them under Sections 341 , 392 r/w 397 r/w 34 I.P.C and imposed a fine of Rs.500/- each and in default to undergo simple imprisonment for one week under Section 341 I.P.C and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.2000/- each in default to undergo rigorous imprisonment for 3 months under Sections 392 r/w 397 r/w 34 I.P.C . However, the learned Additional District and Sessions Judge, Fast Track Court No.III, Madurai had acquitted the accused No.3. Challenging the said conviction and sentence, the accused Nos.1 & 2 have filed the present appeals.