CHANDRASEKAR Vs. STATE

JUDGEMENT

(1.) The Petitioners are accused 1 and 2. They along with five others were tried in S.C. No. 98 of 1987 on the file of the Fifteenth Assistant Sessions Judge, Madras, for offences under Section 395 read with S. 397, I.P.C. The first Petitioner (A1) was convicted for the offence under Section 395, I.P.C., and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for six months. The second Petitioner (A-2) was convicted under Section 397, I.P.C. and sentenced to undergo the minimum imprisonment of seven years prescribed in law, apart from a direction to pay a fine of Rs. 2,000 in default to suffer rigorous imprisonment for one year. The trial Court acquitted accused 6 and 7. The third accused was convicted under Section 395, I.P.C., and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for six months. Accused 4 and 5 were each convicted under Section 395, I.P.C., and sentenced to four years' rigorous imprisonment and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for six months. The eighth accused Ravichandran was discharged even before the commencement of the trial. It is seen from the case records that originally eleven persons were remanded as suspects in this crime and ultimately, only eight were charge-sheeted out of whom one was discharged.

(2.) The Petitioner along with accused 3 and 5 preferred Criminal Appeals 94 of 1988 and 164 of 1988 being aggrieved against the conviction and sentence recorded and awarded by the trial Court. However, the fourth accused Sridhar did not choose to prefer an appeal. The appellate Court found accused 3 and 5 not guilty and acquitted them. The convictions and sentences imposed on the Petitioners were, however, confirmed.

(3.) The brief facts which led to this prosecution can be now stated: On 6.2.1987 at about 9.30 p.m. at No. 87, G.N. Chetty Road, Madras 18, which is a wine shop belonging to P.W 2 in which P.W.1 is the Manager, the Petitioners, along with one another, are said to have entered into the shop at the time of closure and at knife point robbed P. Ws.1 and 2 of Rs. 5,900 in cash and a gold dollar chain (M.O.4), a ring (M.O.5) and a Citizen wrist watch (M.O.6). It appears that the other accused were standing outside and all of them ultimately escaped in a car.