RAJADURAI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These three Criminal Appeals have been filed by the three accused, who have been convicted and sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo 2 years Rigorous imprisonment each for the offence under Section 397 r/w 34 of I.P.C.

(2.) The case of the prosecution is that on 27.06.2009 at about 9.15 a.m., when the victims viz., Adhilakshmi and Latha were standing in Aivathukudi bus stop, the appellants/A.1 to A.3 came in a motorcycle and A.2 snatched the chain of Adhilakshmi and A3 snatched the chain of Latha by attacking them with knife. Immediately after the occurrence, P.W.1-Adhilakshmi lodged a complaint and handed over to the police the piece of chains caught hold by the victims. Both the victims were treated by the Doctor for the injuries sustained by them. After a year, accused 1 to 3 were arrested by the police on 05.05.2010 at 6.00 a.m. Pursuant to the confession statement, remaining piece of chains of P.W.1 and P.W.2 were recovered from the Jeweller-P.W.6 under mahazar. The Investigating Officer after completing his investigation, laid a charge sheet. The Trial Court, after following the procedures, analysed the evidence and convicted all the three accused and sentenced them as aforesaid.

(3.) Rajadurai (A.2), filed a petition in Crl.M.P.No.4783 of 2017 in Crl.A.No.267 of 2012 to receive additional evidence so as to bring forth that. A.1 was in judicial custody from 26.05.2009 to 12.12.2009 in various jails in Kerala.