JUDGMENT :

Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., against the judgment of the learned Assistant Sessions Court (Principal Sub Court), Gobichettipalayam in S.C.No.36 of 2007 dated 04.04.2008.)

The trial in S.C.No.36 of 2007 before the Principal Assistant Sessions Judge, Gopichettipalayam was against 7 accused. The appellant herein is the first accused. On the base of the material placed, the trial Court framed the following charges:-

First Charge against Accused 2 to 7: On 12/05/2006, night at about 7.15 p.m., A-2 to A-7 along with A-1, gathered together with Yamaha motorcycle bearing Registration Number TN 33 Z 4477, Bajaj Pulsar bearing Registration No:TN 37 F 7467 and TVS Star City on Bhavanisagar – Mettupalayam Road near Sreerangarayan Bridge, with an intention to commit dacoity. When the defacto complainant passed through the road, they restrained him and extorted Rs.1350/-, a Nokia cell phone worth about Rs.20,000/-, a ladies watch and 8 gold coins. Thereby committed offence punishable under Section 395 IPC.

Second charge against Accused 1: In the course of the transaction mentioned above, for extorting the properties mentioned above, A-1 showed a