JUDGMENT

(Prayer in Crl.R.C.No.832 of 2014: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order passed by the learned Principal Sessions Judge, Krishnagiri in Crl.A.No.35 of 2008, dated 22.03.2013 confirming the conviction and sentence passed by the learned Assistant Sessions Judge, Hosur in S.C.No.17 of 2007, dated 27.03.2008.

Crl.R.C.No.833 of 2014: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order passed by the learned Principal Sessions Judge, Krishnagiri in Crl.A.No.30 of 2008, dated 22.03.2013 confirming the conviction and sentence passed by the learned Assistant Sessions Judge, Hosur in S.C.No.17 of 2007, dated 27.03.2008.

1. These two Revision Cases in Crl.R.C.Nos.832 and 833 of 2014 arise out of the common judgment and therefore, are taken up and disposed of together.

2. The petitioner in Crl.R.C.No.832 of 2014 namely Nagaraj was accused No.1 and the petitioners in Crl.R.C.No.833 of 2014 are accused Nos.3 and 4 in the case. These three petitioners along with one Nagappa, the second accused in the case faced the charges under Section 392 read with 397 of I.P.C. The Trial Court, namely the learned Assistant Sessions Judge, Hosur, by a judgment, dated 27.03.2008 in S.C.No.17 of 2007, convicted all the four accused for the offence under Section 392 of Indian Penal Code and imposed a sentence of forty months Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three months Rigorous Imprisonment and for the offence under Section 392 read with 397 of I.P.C, forty months Rigorous Imprisonment. The second accused in the case, namely Nagappa, did not file any appeal and he has served out the sentence. The first accused, namely, Nagaraj filed Crl.A.No.30 of 2008. The accused No. 3 and 4, namely, Nagarathinaiah @ Abbaiah and Sowdappa @ Sowdareddy filed Crl.A. No. 17 of 2007 and both the appeals were taken up together and by a judgment, dated 22.03.2015, the learned Sessions Judge, Krishnagiri, confirmed the conviction and sentence of the Trial Court, aggrieved by which, the present revisions are laid before this Court.

3. The case of the prosecution is that P.W.1, namely Shanmugam, came to Shoolagiri Police Station on 14.04.2006 and lodged a complaint stating that he was acquainted with the first accused for about a period of one year. A week before, on Saturday, the first accused came to his house and handed him over two silver coins and represented to him that he has come into the possession of treasure of thirty such coins and canvassed him to buy the same. When he represented that he had no money, he stated that the opportunity will not come again and pressurised PW-1 to buy the same. When he presented the coins to the Gold Smith, he tested that the silver is of good quality. On 13.04.2006, he went with Rs.1,00,000/- in cash in bag and met the first accused in a place called Jujuvadi. The second accused was also with him at that time. Immediately, thereafter, the first accused, after checking that P.W.1 came with the money, represented to P.W.1 that the silver coins are with two other persons near a place called Kaamanthotti Perumal Kovil and therefore, upon his direction, P.W.1 also proceeded along with him to the said place. At about 6.00 P.M, two more persons were there in the said place and all the four persons rounded him off and threatened him on knife point and robbed the cash and ran away from the place. After searching for the first accused along with his uncle, he gave the complaint.

4. Upon receipt of the complaint, P.W.7 registered a case in Crime No.129/6 and thereafter, P.W.8, the Inspector of Police took up and completed the investigation and filed a final report, proposing the four accused guilty of the offences under Sections 392 and 392 read with 397 of Indian Penal Code.

5. Upon being committed by the learned Judicial Magistrate No.I, Hosur, the case was tak