CHINNAIYAN Vs. STATE

JUDGEMENT

(1.) THE appeal has arisen against the conviction and sentence passed by the Additional Sessions Judge, Cuddalore for the offence under Sec.411, I.P.C., convicting and sentencing the accused to undergo rigorous imprisonment for two years.

(2.) THREE charges were framed as against the accused under Secs.395, 396 and 395 read with Sec.397, I.P.C. and the charges are that, on 8.9.1988 at 12.00 midnight at Katchirapalayam Kottakaraimedu in the Kottukottagai i.e., the house of Ramaswamy, bearing door No.22-B, the accused committed dacoity of 41-3/4 sovereigns of gold ornaments M.Os.1 to 11, silver waist-chord and cash of Rs.10,000 MO.12 all worth about Rs.93,000 an offence punishable under Sec.395, I.P.C. and in the course of transaction, A-1 was jointly concerned along with others in committing the dacoity and committed murder of one Kaliammal by stabbing her on her abdomen with a knife and all the accused committed an offence punishable under Sec.396, I.P.C. and the accused while committing the said dacoity, used deadly weapons, knives and committed the offence punishable under Sec.395 read with Sec.397, I.P.C.

(3.) AT the conclusion of the trial, the learned Sessions Judge found the accused guilty under Sec.411, I.P.C. and convicted and sentenced them to undergo rigorous Imprisonment for two years. As against the conviction and sentence, the present appeal has been filed by the accused.