This appeal has been preferred against the Judgment dated 15.04.1999 made in Sessions Case No.30 of 1999 on the file of the Additional Sessions Judge, Nagapattinam, in which the accused has been convicted under sections 392 r/w.397 IPC and sentenced to undergo 4 (four) years R.I and a fine of Rs.2,000/- with default sentence.

2. The case of the prosecution in short is that on 19/20.03.1998 at about 2.00 a.m in the midnight while PW.1 was returning from Theatre after seeing second show of the film "Kadhale Nimmathi", the accused had waylaid at the point of knife near Pappan Cremation ground, at Velipalayam and robbed Rs.205/-, thus committing offences under sections 392 r/w.397 IPC.

.3. The case was taken on file by the learned Judicial Magistrate, Nagapattinam as P.R.C.No. 21 of 1998 and after furnishing copies to the accused under section 207 Cr.P.C the learned Judicial Magistrate has committed the case to the Court of Sessions under section 209 Cr.P.C. When the accused appeared before the Court of Sessions on summons, the learned Sessions Judge has framed charges under sections 302 r/w. 307 IPC and when the accused was questioned, he pleaded not guilty.

4. Before th