JAGAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgement of conviction and sentence, dated 08.01.2010, made in SC.No.168 of 2008, by the III Additional Judge, Sessions Court, Chennai, convicting and sentencing, each of the appellants/ A1 and A2, for the offences under Sections 392 read with 397 of IPC to undergo rigorous imprisonment for four years and to pay a fine of Rs.1000/-, each, in default, to undergo three months rigorous imprisonment.

(2.) The case of the prosecution has arisen on the basis of the complaint Ex.P1, dated 10.01.2007, given by the victim, Lalitha, PW.1, who is residing at Door No.9, S9, Senthil Apartments, West Vanniyar Street, West K.K.Nagar, Chennai-78, alleging that on 10.01.2007, when she was alone at her residence, the appellants/accused, posing themselves as credit card sales agents, entered into her house and asked her as to whether she required any Credit Card and enquired about her husband and that when her child started weeping, she gave the child to her grandmother who was residing in the next flat and that at that time, A1 by showing knife threatened to kill her if she raises an alarm and he gagged her mouth with his hands and told A2 to cut and remove the gold chain from her neck and that A2 cut and removed the gold chain weighing six sovereigns and one pair of ear studs, one gold ring and anklets and thereafter, A1 assaulted on her neck with the knife, causing cut injuries on the left and right sides of her neck and also robbed the imitation necklace and ear stud from the bureau and the Appellants / accused ran away from the scene of occurrence. Hence, the appellants/accused were charge sheeted for the offences under Sections 392 read with 397 of IPC.

(3.) The case was taken on file in SC.No.168/2008 by the III Additional Sessions Judge, Chennai and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.13 and also marked Exs.P1 to P22 and Mos.1 to 4.