RAGHU PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in this case. He was charged under Sec. 392, 392 r/w 397 and under Sec. 302 of the Indian Penal Code, the Lower Court had convicted the accused under Sec. 302 of the Indian Penal Code and sentenced him to undergo Life Imprisonment and to pay a fine of Rs.1,000.00 (Rupees one thousand only) in default to undergo three months Simple Imprisonment; sentenced him to undergo ten years of Rigorous Imprisonment for the offence under Sec. 392 of the Indian Penal Code and to pay a fine of Rs.1,000.00 (Rupees one thousand only), in default to undergo three months Simple Imprisonment.

(2.) The case of the prosecution is that the deceased Kandasamy, was employed as a night watch man in M/s.Arun Rekha Bakery Machinery Private Limited company at Annamalai Industries Estate, Kalapatty Road, Coimbatore. On 10.02.2007, after 11.30 p.m., he was murdered by using a "Aruval" and his gold ring, Rs.500.00, cell phone and his TVS 50 bearing Registration NO.TN38 AJ 0738 was robbed from him. The respondent police had conducted investigation and filed charge sheet before the Judicial Magistrate No.VI, Coimbatore, thereafter the case was committed to the Court of Sessions in S.C.No.213 of 2013.

(3.) Further, the case is that the accused, who was employed as a Security Guard in Fisher Motors Company had friendship with the deceased and they used to consume alcohol. On several occasions the deceased had fell in debt trap and knowing that the deceased was having cash, wearing gold jewels, on 10.02.2007, after 11.30 p.m. the accused using M.O.13 "Aruval" had done away him and had taken away his T.V.S.50 moped bearing Registration No.TN38 AJ 0738-M.O.1, gold ring-M.O.2, and cell phone-M.O.3.