GOPI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of the learned Additional District and Session Judge (Fast Track Court - IV), Bhavani, Erode District, passed in S.C.No.116/2009 dated 13.05.2010.

(2.) The case against the appellants as per the prosecution is that, on 21.06.2008 early morning at about 3.00 am in the house of Kannupaiyan, Door No.945/1.811, Arttrukarupparayan Koil, Kuruppanayakanpalayam, Bhavani, Gopi (A-1), Gajendiran (A-2) and Kalaiselvan (A-3) conspired to commit robbery of cash from V.K.V.Pathi working as Cashier in Obli Mills. In pursuant to the said conspiracy, at 4.45 am on 21.06.2008, when V.K.V.Pathi was passing through Kamaraj Nagar Road in his TVS 50 Motorcycle, A-1 identified V.K.V.Pathi to the other accused A-2 and A-3. In furtherance of the said conspiracy, on 30.06.2008 at about 4.45 am when V.K.V.Pathi was passing through the Kamaraj Nagar Road in his TVS 50 carrying cash and other documents with him. As schemed earlier, A-2 and A-3 sprinkled chilli powder on V.K.V.Pathi. They wrongfully restrained him. Slapped him on the face and pushed him down. Took away the TVS 50 Motorcycle and the bag containing Rs.20,000.00, Centurian Bank Demand Draft drawn for Rs.5,000.00. A Cheque book and few documents of the Mill. In continuation to the said crime A-1 to A-3 retaining the cash of Rs.20,000.00 threw the bag and other contents of the bag in the Bhavani river to destroy the evidence.

(3.) V.K.V.Pathi reported about the robbery to the police. The police went to the scene of crime, collected broken glass pieces, torn towel, pocket dairy and chilli powder packet under mahazar. On receipt of intelligence report, the Investigating Officer arrested A-1 to A-3 on 02.07.2008. Based on their confession statements, the TVS 50 of V.K.V.Pathi parked in the Cycle stand near Salem Corporation Old Bus stand was recovered. Further, based on the information given by the respective accused, search was conducted at the houses of the accused. From A-3 residence, cash Rs.3,000.00 and a red colour torn towel was recovered under the mahazar. From A-2 residence, Rs.3,000.00 was recovered under the mahazar. From A-1 residence, Rs.4000.00 was recovered under the mahazar.