The main legal point established in the judgment is the reliance on the evidence of the prosecution witnesses and the recovery of the knife and currency notes as per the provision contemplated under section 27 of the Evidence Act to establish the guilt of the accused under sections 392 r/w.397 IPC.

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 the trial court, on the side of the complainant PW.1 to PW.7 were examined and Ex.P1 to Ex.P10 were exhibited and MO.1 to MO.3 were marked.

5. PW.1 is the complainant, who would state that while he was returning from Cinema Theatre, after seeing second show on 19/20.03.1998 at about 2.00 a.m, the accused slashed a knife and placing the same on his throat had robbed Rs.205/- from his shirt pocket and at that time Thiru. Sundarrajan, the Village President came behind him, to whom he (PW.1) had informed the occurance. He would further state that after committing the crime, the accused had informed that he is Kalaiyan, son of Krishnan and that he can inform his name (accused) to anyone and he is not afraid of it and left. Along with PW.2 he made a search for the accused but could not catch him since it was too late in the night. On the following day morning he went to the Velipalayam Police Station and preferred Ex.P1 complaint. M.O.1 is the torn shirt worn by him at the time of the occurance. M.O.2 is the knife used by the accused at the time of occurance. The police have secured the accused at about 8.00 p.m on the next day and sendword for him and when he went to the police station, he saw the accused as well as the currency notes recovered from the accused. He has also identified the currency notes as M.O.3 series.

.6. PW.2 corroborates the evidence of PW.1 to the extend that on the date of occurance at about 2.00 a.m, he was returning from his party office at Nagapattinam to his village Azhinjamangalam at late night in his bicycle and while he was nearing Pappan Cremation ground , he saw the accused who was standing alone and when he enquired, he informed that he came there to attend to his natures call and a little later when he had just crossed the electrical post, PW.1 came there in a hurry and informed him that the accused Kalaiyan, son of Krishnan had robbed Rs.205/- from his person at the point of knife and during the commission of crime his shirt was torn. PW.2 would also depose that he had also seen the accused in the same place a little while and both of them went in his (PW.2) bicycle in search of the accused but could not found him. So, PW.2 returned to Thamarai kulam along with PW.1 and decided to prefer a complaint in the following day since it was too late in the night.

7. PW.7 is the Inspector of Police, who had registered the complaint preferred by PW.1 on 20.03.98 at about 11 a.m, in Velipalayam Police Station Crime No. 152 of 1998. Ex.P8 is the copy of First Information Report. He had also seized M.O.1, torn shirt from PW.1. At about 11.45 p.m he proceeded to the place of occurance and prepared Observation Mahazar Ex.P3 in the presence of PW.3 and had drawn a rough sketch Ex.P9 in the presence of the same witness. He had examined