RAVI Vs. STATE

JUDGEMENT

(1.) These criminal appeals were preferred by the appellants/accused A1 to A3 against the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Judge No.5, Coimbatore, wherein the learned trial Court convicted the appellants/accused and sentenced them to undergo 10 years rigorous imprisonment and fine of Rs.10,000/- in default to undergo 2 years rigorous imprisonment for the offences under section 397 r/w 120(b) of IPC passed in S.C.No.338 of 2005 dated 6.4.2006.

(2.) Brief case of the appellants/accused in all the appeals: The prosecution case is that on 26.10.2002 at 13.00 hrs PW 1 Palanisamy withdrew Rs.1 Lakh from the SBI main branch at Tiruppur and while he was proceeding in his motor cycle TN.39 D 5091, at that time appellants/accused 2 and 4 was following PW1 in one scooter and appellant/accused A1 and absconding accused A3 in another scooter, assaulted and pull down PW1, who was moving in his (TN 39 6081) bike and snatched Rs.1 Lakh and caused injuries with knife and committed the offences under section 120(b) r/w 397 of IPC . Immediately PW1 was admitted in the hospital and Exhibit P1 complaint preferred to the Inspector of Police and the same was registered in crime number 1573 of 2002. On investigation, PW 11 Inspector of Police inspected the scene of occurrence at about 19.30 hrs and preferred rough sketch and observation mahazar Exhibit P16 and examined the witnesses Ramesh and Moorthy and recorded their statements. On secret information at 20.15 hrs, PW11 arrested A1 Pandy and absconding accused Peter @ Peter Raja and recorded their confessions and the same was attested before witnesses Shanmugam and Govind and seized the Suzuki motor cycle bearing registration number TN 39 E 6081 and recovered Rs.2500/-. Further he examined the witnesses namely Palanichamy, Kumar, Aravind, Ramesh, Moorthy, Shanmugam and Govind and recorded their statements. On 27.10.2012 remanded the accused to judicial custody. PW 13 Inspector of Police on further investigation arrested A2 Ravi and recorded his confession and recovered Rs.8500/- in front of the witnesses Karthik and Murali. On 26.11.2012 at about 6.15 AM with help of police party arrested the accused A3 and recovered Rs.12,000/- and seized scooter bearing registration number TN 38 A 1171. The accused namely Mary @ Dori Mary was already in custody in crime number 435 of 2002 under section 392 of IPC and 25(1)(a) of Arms Act . The investigation officer applied the PT warrant to the Madurai Central Prison and he was remanded in this case. After completing the investigation, PW 13 filed the final report on 13.3.2003. The learned trial Court on committal framed the charges under section 120(b) r/w 397 of IPC for which the appellant /accused denied the charges.

(3.) During the trial, the prosecution examined PWs-1 to 13, Exhibits-P1 to P16 and M.Os-1 to 5 was marked. No witnesses examined on the side of accused.