J U D G M E N T

The present criminal appeal has been filed by the appellant to set aside the judgment of conviction and sentence passed by the learned XVIII Additional Sessions Judge, City Civil Court, Chennai, dated 07.01.2019, in S.C.No.122 of 2012.

2. The appellant herein is the sole accused in the above referred sessions case. He stood charged for the offence under Sections 341 and 394 r/w 397 IPC. By judgment dated 07.01.2019, the learned XVIII Additional Sessions Judge, City Civil Court, Chennai, came to the conclusion that the appellant is found guilty under Sections 341 and 394 r/w 397 IPC, convicted and sentenced as follows:

Challenging the said conviction and sentence, the accused is before this Court, by way of filing this Criminal Appeal.

3.The case of the prosecution is as follows:

(i) PW1-Balamurugan, is running a grocery shop near to the Stanley Hospital. On 30.04.2011, around 9.00pm, when at the time, he returned to his home, near the staircase leading to Meenakshiamman Pettai, the accused/appellant herein waylaid and pulled his hand and when he tried to push him aside, the accused snatched two sovereign gold chain from his neck. When at the time, the accused attempted to snatch the chain, PW1 made alarm and at that time, the accused attacked PW1 with knife, thereby, PW1 sustained injury near to his left ear. During such time, the accused stole away his mobile phone also. Afterwards, the passers by viz., one Muthukumar and his daughter, admitted PW1 in the Stanley Hospital. (ii) In the hospital, PW8-Dr.Muthunarayanan, examined PW1 and found a cut injury measuring 10x4x4cm at the back of the head, near the left ear. In this regard, he issued an Accident Register copy under Ex.P6. In turn, after completing treatment, PW9-Dr.Babu Antony, the doctor, attached with the same hospital, discharged PW1 and issued a Wound Certificate under Ex.P7, stating that the injury sustained by PW1 is simple in nature.

In the meantime, after admitting PW1 as inpatient, PW8 informed the occurrence to the investigating officer-PW10, for further course of action.

(iii) PW10-Martin Robert, the then Inspector of Police, Royapuram Crime Branch, on receipt of the information from the hospital on 30.04.2011 around 22.00hours visited the hospital, wherein he examined the PW1 and received the complaint. After receipt of the complaint he returned to the police station and registered a case in Cr.No.568 of 2011 for offence under Sections 341, 394 r/w 397 of IPC. The complaint given by PW1 was marked as Ex.P1 and the printed FIR was marked as Ex.P8. After registering the case, PW10 again returned to the hospital and in the presence of witnesses, he recovered the blood stained cement colour pant and light brown colour inner-wear($l;o) from PW1, under the cover of Mahazar [Ex.P3]. He examined the witnesses and recorded their statements.

(iv) On the next day, PW10, visited the scene of occurrence and in the presence of witnesses, he prepared an observation Mahazar under Ex.P9. He had drawn the rough sketch under Ex.P10. On 04.05.2011, he examined the Doctor, who treated PW1 and received the wound certificate. Later on

25.05.2011 around 8.00am, on information, near to M.S. Temple, he arrested the accused. On interrogation, in the presence of one Raja, Jayakumar and Kamesh, he recorded the confession statement from the accused. In the confession statement, the accused admitted the commission of offence and willing to identify the weapon, which was used for the commission of offence. Further, at the same time, he has produced the gold chain and the same was recovered in the presence of PW6-Jayaraman and one Nagaraj, under the cover of Mahazar Ex.P4. Admitted portion of the confession statement given by the accused was marked as Ex.P11. After rec