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2019 Supreme(Mad) 3057

B.PUGALENDHI
Alex Pandian – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :A.K. Azagarsami, Advocate.
For the Respondents:S. Bharathi, Government Advocate.

JUDGMENT :

B. Pugalendhi, J.

1. The appellant, who is the sole accused, was charged for the offence under Sections 394 r/w 398 IPC and tried before the Assistant Sessions Court, Virudhunagar, in S.C. No. 13 of 2013 and the trial Court, by order dated 17.02.2014, found the appellant/accused guilty under Sections 394 r/w 398 IPC, convicted and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-, i/d to undergo rigorous imprisonment for one year. As against the conviction and sentence imposed upon him, the appellant has preferred the instant appeal.

2. The case of the prosecution, in a nutshell, is as follows:

    2.1. According to the prosecution, PW1, namely, Mariyammal, along with her sister, namely, Subbulakshmi and her husband, namely, Sambathkumar were travelling in Pothigai Express from Chennai to Shencottai on 02.03.2012. On the next day, i.e., on 03.03.2012, at about 08.00 am, when PW1 returned from the latrine, the accused, at knife point, pushed her into the latrine and attempted to snatch the chain from the victim [PW1]. On the hue and cry raised by PW1, PW2 and others rushed to the latrine, rescued PW1 from the accused and at that time, th

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