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2023 Supreme(Mad) 656

N. ANAND VENKATESH
Vadivel – Appellant
Versus
State of Tamil Nadu, Represented by The Inspector of Police, Dharmapuri – Respondent


Advocates appeared:
For the Appellant:M. Karthik, M. Prabakar, G. Mohan, S. Kumara Devan, Advocates. For the Respondent:L. Baskaran, Government Advocate [Crl.side].

JUDGMENT

(Prayer: Criminal Appeals filed u/s.374(2) of the Code of Criminal Procedure against the judgment passed by Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C.No.150 of 2014, dated 31.08.2015.)

Common Judgment:

1. As both the appeals arise out of one and the same judgment, they are considered and decided by this common judgment.

2. These criminal appeals have been filed by A1 to A3 against the judgment and order passed by the Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C.No.150 of 2014, dated 31.08.2015, convicting A2 for offence u/s.392 r/w 397 IPC and sentencing him to undergo seven years rigorous imprisonment. Insofar A1 and A3 are concerned, they were convicted for offence u/s.392 r/w 397 r/w 34 IPC and each was sentenced to undergo seven years rigorous imprisonment.

3. The case of the prosecution is as follows:

    3.1. On 07.11.2013, at about 03.00 p.m., when PW-1 was sitting in her house, the accused persons came to the place in a two-wheeler and A1 and A3 were watching the movements in and around at that place and A2 is said to have thrown chilli powder in the eyes of PW-1 and thereafter, had taken away the gold chain weighing four po

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