The legal provisions of sections 341 and 395 IPC were interpreted to establish the guilt of the accused and confirm the trial court's finding.

(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 about the incident to the lorry owner Nithyanantham, over phone. Due to the urgency to deliver the coal at Badrawathi, the lorry Driver proceeded to Badrawathi. After unloading the coal at Badrawathi, he returned on 22/05/2007 and gave the complaint to the jurisdiction police at Padirivedu.

4. Thiru.Gunasekaran, Sub-Inspector of Police at Padirivedu Police Station registered the first information based on the complaint of Gopi, in Crime No.74/2007 at about 9.30 am on 22.05.2007. Thiru.Duraisamy, Inspector of Police, took up the investigation; went to the scene of crime; prepared observation mahazar; sketch and recorded the statements of witnesses. On the next day (23.05.2007) at about 23.00 hrs, near Sathiyavedu clock tower, Barath (A-6), Gopal (A-7) and Yesu (A-8) were roaming suspiciously. The Inspector of Police, on patrol, interrogated them and through the information given by them, the TVS Champ used for the offence and the crime money Rs.7,500/- was recovered under mahazar. A-6 to A-8 were remanded to judicial custody.

5. Meanwhile, A-1 to A-5 were arrested by the Puthur Police, Andhra Pradesh, in connection with Crime No.16/2007, Puthur Police Station. During the investigation, the Puthur Police came to know that these accused were involved in several other cases, including the case in Crime No.74/2007 of Padirivedu Police Station. So, the Inspector of Police, Puthur Police Station, Andhra Pradesh, conveyed the details of A-1 to A-5 to Padirivedu Police. On receipt of this information, the further investigation was taken up. With the leave of the Court, A-1 to A-5 were produced under PT Warrant. Identification parade was conducted by the learned Judicial magistrate at Puzal prison. The accused persons were identified by the witnesses. On completion of investigation, final report was filed against A-1 to A-8, for offences under sections 341 and 395 r/w 397 of IPC. Pending trial, A-3 Jotheeswaran died.

6. Before the trial Court, on the side of the prosecution, through 15 witnesses, 11 exhibits and two material objects were marked. Considering the evidence, the trial Court found that the charge of wrongful restraint and dacoity proved. The charge of attempt to cause death or grievous hurt while committing dacoity not proved. One month simple imprisonment for offence under section 341 IPC and 10 years rigorous imprisonment with fine of Rs.10,000/- in default 3 months rigorous imprisonment was imposed to each of the accused for offence under Section 395 I.P.C.

7. Aggrieved by the judgment of conviction and sentence, the appeal is preferred on the ground that the delay in filing the complaint not explained. The identification parade alleged to have conducted in the prison is a farce exercise. The confession and recovery of Material objects not been corro