JUDGMENT (COMMON)

P.N, Prakash, J.—The accused 1 and 2 who were tried and convicted for the offence under Sections 341, 302, 394 r/w 34 IPC by the Additional District & Sessions Court- cum-Fast Track Court No.1, Salem in S.C.No.215/2008 on 28.03.2012, are the appellants before us.

2. It is the case of the prosecution that on 20.03.2008 at around 4.00 p.m. when Dhanakodi (deceased) was returning from his sister Mallika’s (P.W.1) house, he was wrongfully restrained by the appellants and A1 attacked him with a cricket stump on his head and both the appellants took away his motor cycle TVS Max 100 and went away.

(a) According to the prosecution, this incident was witnessed by Sundaramurthy (P.W.3) and Thangam (P.W.4) and that they chased the accused in their motor cycle upto a certain distance. Thereafter, they both returned to the place of occurrence and when they made enquiries with the local people, they were told that the injured person was carried away to the hospital by his relatives. They went back to their house. Selvam (P.W.2), a passer by, found a crowd at the place of occurrence and when he made enquiries, he learnt that the injured person was one Dhanakodi. He volunteered