The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, especially regarding the involvement of each accused in the alleged offences.

JUDGMENT

(Prayer: Criminal Revision Case has been filed under Section 397 & 401 of Cr.P.C., against the judgment of the lower Appellate Court made in C.A.No.30 of 2014 dated 17.12.2014 on the file of the learned Principal District and Sessions Judge, Udhagamandalam, Nilgiris District, confirming the conviction and sentence passed by the learned Assistant Sessions Judge, Udhagamandal, Nilgiris District made in S.C.No.34 of 2014, dated 06.01.2006 finding that the accused 1, 2 and 4 herein are guilty of the offence under Section 397 and 427 IPC and also finding that the accused 3 and 6 guilty of the offence under Section 397 read with 34 IPC and 427 read with 34 IPC respectively and sentencing the accused 1, 2,4 each for the offence under Section 397 IPC and sentencing them to undergo 7 years RI each and also convicting them for the offence under Section 427 IPC each and sentencing them each to undergo one year RI each, also convicting the Accused 3 and 6 for the offence under Section 397 IPC read with Section 34 IPC each and sentencing them each to undergo 7 years RI each also convicting them each for the offence under Section 427 read with 34 IPC and sentencing them each to undergo one year RI each and the sentences to run concurrently, besides observing that offence under Section 395 IPC would not be applicable in this case and the period already undergone by the accused shall be deducted from the period of sentence.)

1. The Revision Petitioners herein are the accused in S.C.No.34/2004 on the file of Assistant Sessions Court, Uthagamandalam, Nilgiri’s District.

2. Aggrieved by the conviction and sentence of 7 years RI for offence under Section 397 IPC and 1 year RI for offence under Section 427 IPC for the petitioners 1,2 and 4/accused 1,2 and 4; sentence of 7 years RI for offence under Sections 397 r/w 34 IPC and 1 year RI for offence under Section 427 r/w 34 IPC for the petitioners 3 and 5/Accused 3 and 6, appeal in C.A.No.30/2014 was preferred before the District Sessions Court, Othagamandalam. The said appeal dismissed on 17/12/2014 confirming the trial court judgment dated 06/01/2006.

3. The case of the prosecution as unfurled through witnesses is that, the petitioners herein along with Muniyandi @ Kumar (died pending trial) with intention to commit dacoity joined together on 03/11/2002 near 27th Mile Bus stop at Guddalur, Naduvattam Main Road. At about 22.30 p.m, A-1 and A-2 obstructed the Guddalur – Kunnur Road by pushing the Auto and restrained the Maruthi Van bearing Registration No. TN-43-A-0762 proceeding from Guddalur to Kunnur. When the driver of the Van stopped the vehicle, A-1 and A-2 came running towards the Van carrying gauva wooden logs, A-4 and A-5(Muniyandi (deceased)) came out from the nearby bush. A-3 joined them with log and all damaged the windshields of the Van on all sides, attacked the occupant Jayathul (PW-1) and the driver Arumugam (PW-2) with wooden logs and caused grievous injuries to them, then, A-1 and A-2 robbed Rs.2,95,000/- cash and a Demand Draft for Rs.50,000/- kept in a bag by Jayathul and fled. Gangadaran (PW-26 ) a lorry driver, who was passing through, saw PW-1 with severe bleeding injuries. At request of PW-1, Gangadaran with the help of his cleaner Farook, took the injured to PW-3 [Vivekananthan] house. From PW-3 house, PW-1 and PW-2 were taken to Guddalur Government Hospital. Dr. Tamilselvan at Guddalur Government Hospital examined PW-1 and PW-2, recorded the injuries found on them in the Accident Register (Ex.P-20 and Ex.P-21 respectively). After giving first aid to PW-1 and PW-2, they both were referred to Government Hospital, Ooty. At the Govt. Hospital, Ooty, on 04/11/2002 at about 6.00 a.m, the injured (PW-1) and (PW-2) were admitted for treatment. On receipt of the memo from the hospital, PW-33 (Sub- Inspector of Police) attached to Guddalur Police Station went to the hospital and recorded the statement of PW-1 and registered First Information Report in Crime No.122/2002.

4. PW-34