The prosecution must establish guilt beyond reasonable doubt, particularly in robbery cases where identification is uncertain and key witnesses are unexamined.

ORDER :

M.NIRMAL KUMAR, J.

1. This Criminal Revision Case is filed by the petitioner/A2 to set aside the judgment dated 21.12.2021 in Crl.A.No.59 of 2019 passed by the learned III Additional District and Sessions Judge, Coimbatore (lower appellate Court), confirming the conviction and sentence in the judgment dated 09.01.2019 in S.C.No.70 of 2018 passed by the learned Chief Judicial Magistrate, Coimbatore (trial Court).

2.Conviction and Sentence of the trial Court as well as lower appellate Court are tabulated as follows:

3.Case of the prosecution is that on 31.03.2015 at 01.30 hours in Koundampalayam at Nataraj Nagar 3^rd Street, when the defacto complainant/PW1 was making ready her two school going daughters, the main door was slightly opened, at that time, two persons (A1 and A2/petitioner) entered the house and the petitioner/A2 brandished a knife, pushed PW1's two daughters inside the bathroom and latched the door from outside. A1 threatened PW1 keeping the knife on her neck and snatched 18 sovereign of gold Thali and 4 sovereign of gold chain (MO1 & MO2). Not stopping with that, A1 took PW1 near bureau and forced PW1 to open the same, at that time, PW1 pushed A1, ran out and shouted “Thief”. Sensing fear, A1 and the petitioner/A2 ran out from PW1's house and escaped from the scene with the help of A3 & A4 standing ready with two motorbikes. Immediately, PW1 informed to her husband/PW2, by the time PW3 & PW4, who came to meet PW2, was also informed about the incident by PW1. PW2 came to the house, took his wife/PW1 to a Doctor for treatment, thereafter, to the Police Station and lodged a complaint (Ex.P1).

4.PW7, Sub Inspector of Police received the complaint (Ex.P1), registered FIR (Ex.P10) in Crime No.156 of 2015 for offence under Section 394 r/w 397 IPC and informed PW8, Inspector of Police, Periyanaikanpalayam who was in-charge of the respondent Police Station on that day. On receipt of information, PW8 reached Thudiyalur Police Station, visited the scene of occurrence at 20.30 hours, in presence of PW5 and another witness prepared Observation Mahazar and Rough Sketch (Exs.P11 & P12), enquired PW2, PW3, PW4 & PW5 and recorded their statements. On the next day (01.04.2015), regular Inspector of Police/PW9 attached to the respondent Police Station took charge, took up investigation, again enquired the witnesses, recorded their statements, collected the Identify Card (MO3) of A1 handed over by PW1 and sent to Court through Form-95 (Ex.P13). On the same day, when PW9 conducting road check near Thudiyalur-Vellakinaru check post saw four persons in two motorbikes bearing Reg.Nos.TN-38-DX-1714 and TN-66- 9228. When they were stopped, they attempted to escape. PW9 caught hold them and enquired, they admitted their involvement in the above case and two other cases. In presence of PW6, confession statement of A1 (Ex.P14) recorded and 18 sovereign of gold Thali and 4 sovereign of gold chain (MO1 & MO2) recovered and seized through Seizure Mahazar (Ex.P6). The confession statements of A2 to A4 (Exs.P7 to P9) recorded. On conclusion of investigation, charge sheet filed before the trial Court. During trial, on the side of the prosecution, PW1 to PW9 examined, Exs.P1 to P14 marked and MO1 to MO3 produced. On the side of the defence, one Gnanasekaran examined as DW1 but no document marked. The trial Court, on the evidence and materials, convicted all the accused A1 to A4. Challenging the same, A1 and A2 filed Crl.A.Nos.91 & 59 of 2019 before the lower appellate Court and A3 & A4 filed Crl.A.No.32 of 2019. The lower appellate Court by common judgme