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2019 Supreme(Mad) 710

G.JAYACHANDRAN
Baskar – Appellant
Versus
State Represented by Inspector of Police (Circle), Tiruvallur – Respondent


Advocates:
Advocate Appeared:
For the Appellants :R. John Sathyan, Advocate.
For the Respondent:P. Kritika Kamal, Government Advocate (crl.side).

JUDGMENT :

(Prayer: This Criminal Appeal is filed under Section 374(2) Cr.P.C., against the judgment of conviction in S.C.No.205 of 2008 dated 22.01.2014 passed by the learned IV Additional District and Sessions Judge, Ponneri.)

1. The Criminal Appeal is directed against the judgment of the trial court convicting the appellants herein for offences under sections 341 and 395 IPC.

2. The brief facts of the case, leading to this appeal, are as under:

On 17/05/2007 at about 10.30 pm, the Lorry bearing registration number KA 01 C 7969 carrying coal to Badrawathi at Karnataka proceeding near Siruvadi, Sathiyavedu junction, Tiruvallur District 8 persons came in two motorcycles intercepted it. When Gopi the lorry Driver stopped the vehicle, few claimed the Lorry cabin. Some caught hold of the spare Driver Saravanan. One of them, slapped the Driver and put him under the 'fear of death' by showing a knife. Searched his pockets, took away Rs.200/- kept in his shirt pocket and Rs.9,400/- kept in his trouser pocket. After committing the offence of dacoity, they all got down from the Lorry and left in their two motorcycles along with others who were waiting there.

3. The Driver immediately informed a






















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