RAJKUMAR @ NANDAN Vs. STATE BY

JUDGEMENT

(1.) This appeal preferred as against the conviction and sentence made in judgment dated 27.09.2011 in S.C.No.189 of 2011 on the file of the learned Additional District and Sessions Judge Fast Track Court-II, Chennai for the offences under Sections 394 r/w. 397 of IPC and sentenced to undergo seven years rigorous imprisonment.

(2.) The case of the prosecution is that P.W.1-Nisha, she is a resident of at Avadi, Chennai. On 11.12009 at about 6.30 a.m., while she was travelling in electric train from Avadi to Central railway station, along with her mother at around 7.15 a.m., when the train was nearing viyasarpadi railway station, the accused/appellant came closer to PW1. At that time there was only two or three passengers were travelling in that compartment. The accused shows blade to P.W.1 and threatened her with dire consequences to her life and asked the PW1 to give her gold chain. Due to the threat made by the appellant/accused, the mother of Pw1 insisted to give the chain to appellant/accused. Then, PW1, gave the chain to the accused/appellant and he got down at Viyasarpadi railway station and ran away. Immediately, P.W.1-Nisha raised alarm and some persons came and tried to catch the accused. Immediately, the accused/appellant thrown the Blue metal stones against the said persons, as such they were returned back and the accused flew away from the spot. PW1 went to the Perambur railway Police station and lodged a complaint under Ex.P1. On receipt of the said complaint, at about 8.30 hours P.W.7-Investigating Officer registered a case in Crime No.264 of 2009 against the accused for the offences under sections 341, 336, 392 and 506 (ii) IPC. The First Information Report was marked as Ex.P10.

(3.) After recording the statement of P.W.1-Nisha, the Investigating Officer (P.W.7) went to the place of occurrence and prepared the observation mahazar (Ex.P2) in the presence of witnesses. The signature of PW4 in the seizure mahazar was marked as Ex.P5. Thereafter, the investigating officer shown the photographs of list of habitual offenders to P.W.1. PW1 identified the accused photograph. Thereafter, P.W.7 and his team searched the accused and they arrested the accused at Hindu College railway station platform in presence of witnesses viz., P.W.5 and P.W.6. The accused has given confession statement and on the basis of the same the Investigating Officer recovered M.O.1 one sovereign gold chain, M.O.2 stones (Series) and M.O.3 blade covered under mahazar in the presence of witnesses. The signature of PW5 and PW6 in the confession statement given by the accused was marked as Ex.P6 and Ex.P8. PW7 the investigating officer sent the accused to the judicial custody. After completion of the investigation, and after obtaining consent from the Public Prosecutor, he laid the charge sheet against the accused for the offence under Sections 341, 336, 397 and 506 (ii) IPC. On the appearance of the accused, he was furnished copies of the relevant documents under section 207 Cr.P.C and committed to the Sessions Court.