RAJA @ ILAIYARAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the judgment of the District and Sessions Court No.II, Kancheepuram made in C.A.No.39 of 2010, dated 20.08.2011, confirming the judgment of the learned Assistant Sessions Judge, Kancheepuram, made in S.C.No.165 of 2007, dated 29.08.2008, convicting the petitioner for an offence under Section 341, 506 (ii) and 394 r/w 397 IPC, and imposing a sentence of six months Simple Imprisonment and fine of Rs.500/- in default to undergo one month Simple Imprisonment for the offences under Section 341 IPC, sentenced to undergo one year Simple Imprisonment and pay fine of Rs.500/- and in default to undergo one month Simple Imprisonment for an offence under Section 506 (ii) IPC and sentenced to undergo five years Rigorous Imprisonment and fine of Rs.1500/- and in default to undergo one month Simple Imprisonment for an offence under Section 394 r/w 397 IPC and all these sentences were directed to run concurrently.

(2.) On 05.08.2006, at about 11' O clock, PW-1 was proceeding from Chinna Kanchipuram through Gandhi Road for purchasing Silk Yarn and near Theradi, the petitioner/accused came with Veecharival [M.O-1] and threatened PW-1 for mamool. PW-1 refused to give mamool and the petitioner assaulted him with M.O-1 as a result of which PW-1 sustained simple injuries in his left hand. Further, the petitioner threatened PW-1 to give money in his shirt pocket and snatched Rs.500/- from the shirt pocket of PW-1. The petitioner also threatened the general public in the scene of occurrence.

(3.) Pw-1 the victim gave a complaint [Ex.P-1] before the respondent Police and PW-7 Sub Inspector of Police received the complaint and registered a case in Crime No.592/2006 for an offence under Section 506(ii), 307 and 394 IPC and prepared [Ex.P-5] printed FIR. PW-8, Inspector of Police took up the investigation and went to the scene of occurrence and prepared [Ex.P-2] Observation Mahazar and [Ex.P-6] Rough Sketch in the presence of witness PW-4. On the same day that is on 05.08.2006, PW-8 arrested the petitioner and based on the confession, M.O-1 and 100 rupee currency notes [M.O-2 series] were seized under Seizure Mahazar [Ex.P-4] in the presence of witnesses PW-5 and PW-6.