LAWS(MAD)-2018-8-846

AMUDHAVALLI Vs. STATE, REPRESENTED BY INSPECTOR OF POLICE

Decided On August 24, 2018
AMUDHAVALLI Appellant
V/S
STATE, REPRESENTED BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused against the Judgment of conviction and sentence awarded by the learned Additional District Sessions Judge [Fast Track Court -I], Coimbatore in S.C.No.159 of 2010 dated 28.03.2011, wherein the appellant herein was convicted for the offence punishable under Section 394 r/w 397 I.P.C., and sentenced to undergo 7 years rigorous imprisonment and it was also ordered that the period of the custody during investigation/Trial shall be set off under Section 428 Cr.P.C.

(2.) The respondent herein has filed a charge sheet stating that on 14.10.2008 at about 7.45 a.m., the appellant/accused with an intention to commit robbery entered into the house of the defacto-complainant viz., Amirtham in Door No.33/3 of Mullai Nagar, Vellalur Road, Pothanur, Coimbatore, bolted the front and back doors and snatched 5 sovereigns gold chain from the neck of the said Amirtham. When the same was resisted by the said Amirtham, the appellant/accused took a Poori Wooden Roller (poorikattai) and hit on her face and broke her teeth. Further, she attacked the said Amirtham, with Aruvamanai (Vegetable cutter) on her forehead and hence the appellant/accused is liable to be punished under Section 394 r/w 397 IPC.

(3.) Based on the said charge sheet, learned Judicial Magistrate-VII, Coimbatore has taken the case on file as P.R.C.14/2009 and after appearance of the accused, he furnished copies of the documents to the accused under Section 207 Cr.P.C and committed the case to the Principal Sessions Judge, Coimbatore. The learned Principal Sessions Judge, Coimbatore, has taken the case on file in S.C.159 of 2010 and made over the same to the learned Additional District and Sessions Judge [Fast Track Court - I), Coimbatore.